beta
(영문) 대구지방법원 2017.07.05 2016고정970

재물손괴등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 14, 2016, the Defendant damaged the window equivalent to approximately 5,000 won at the market price by cutting the window of the above E from E located in Daegu Suwon-gu, Daegu-gu, about 13:30 on March 14, 2016.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a Fexton car to go to the hospital in the process of destroying the windows of the above E at the time and place specified in paragraph 1, such as the date and place specified in paragraph 1, while driving the Fexton car to put it into the hospital, but drinking alcohol within the said car after taking a utility pole who was at that place.

At around 13:40 on the same day, the Defendant was under the influence of alcohol level 0.059% while driving the said car, and the Defendant was under the influence of alcohol level 0.59%.

Summary of Evidence

1. Partial statement of the defendant

1. Legal statement of a witness I;

1. Statement of the witness G and each statement of the J in the third public trial records;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. On-site photographs;

1. Investigation report (specific amount of damage) (the defendant and his defense counsel asserted that the defendant has not driven a car only when recognizing the fact of drinking after driving a utility model after driving the car.

In this case, the witness I, who was the first called police officer at the accident site of this case, clearly shown that the defendant would drive the car at the time of the accident of this case and drive it from 50 cm to 1m, and that he prevented the defendant from driving together with G and brought it into the vehicle.

(2) At the prosecutor's investigation, Gin who is a witness, the defendant continued to be suffering from the trial and the defendant was unable to get out of the train before the police officer is called out.

In full view of the stated points (1 right 38 pages of investigation record), ③ the final position of the said vehicle is 50cc or 1m away from the electric telegram (28 pages of investigation record), etc., the fact that the Defendant driven while under the influence of alcohol can be recognized.