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(영문) 서울서부지방법원 2013.03.22 2012고정1288

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 19, 201, the Defendant was under the influence of around 08:46 of the Road Traffic Act, and around 08:150% of alcohol level in blood without a driver’s license, the Defendant driven a CM3 car owned by friendly B in the section of about 10 meters away from the southwest of Yongsan-gu Seoul, Yongsan-gu, Seoul.

2. The Defendant: (a) caused property damage to a mobile phone (sk, shc. E) cited by the victim D who suffered a traffic accident at a time and place like paragraph (1) to report 112; and (b) destroyed the victim’s market price by taking away the mobile phone (sk, shc. E) from the river, thereby damaging one cell phone that is equivalent to KRW 453,000.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Report on detection of each drinking driver, report on blood alcohol appraisal, and the register of driver's licenses;

1. Application of statutes on a copy of a mobile phone contract;

1. Article 148-2 Subparag. 1, Article 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act; Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for a violation of the Road Traffic Act, or a crime of destroying or damaging property;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;