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(영문) 인천지방법원 2014.09.26 2014고정2395

공용물건손상등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On December 05, 2013, around 07:40 on December 05, 2013, the Defendant damaged public goods and damaged public goods by means of an automatic entrance, which was maintained by drinking outside of the instant case while entering the Incheon Bupyeong-gu Incheon Bupyeong Police Station 199-37 Incheon Bupyeong-gu Office for Traffic Investigation and Traffic Investigation.

2. The Defendant violated the Punishment of Minor Offenses Act, from around 09:00 on December 05, 2013 to around 09:15, 2015, when she saw that she was fluent at the office of the Incheon Bupyeong-gu Bupyeong-gu Incheon Bupyeong-gu Police Station and 199-37 Incheon Bupyeong-gu Office for Traffic Investigation in front of the traffic survey division office, and she was fluorous in drinking, she was fluorily driven at the government office.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on suspect, photograph, etc. and written estimate;

1. Relevant Article of the Criminal Act, Article 141(1) of the Criminal Act (the point of causing damage to public goods), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance at the government office), and the selection of fines for the crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (within the scope of the sum of the maximum amount of concurrent crimes with punishment determined for the crime of damaging public goods heavier than punishment and the maximum amount of two crimes);

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for each of the instant crimes are as follows: (a) each of the instant crimes committed on the same day is deemed to have been committed consecutively with refusal to measure alcohol level; and (b) a fine of KRW 5,00,000 has been determined separately for refusal to measure alcohol level (this Court Decision 2013 High Court Decision 29626) and payment of repair expenses for the damaged entrance.