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(영문) 서울중앙지방법원 2019.09.18 2019고단4157
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 18:22 May 27, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driven a D-to-purd vehicle under the influence of alcohol content of approximately 0.131% from the section of about 2km from the front of the building B in Jung-gu, Seoul to the front of the Seoul Jung-gu, Jung-gu, Seoul.

2. On May 27, 2019, the Defendant damaged public goods, at the Seoul mid-gu Seoul Central Police Station traffic survey office, which was located in 27 as the Seoul Central Police Station’s check on May 27, 2019, caused the Defendant to take one time to get the civil petitioner’s suspicion, who is a public object equivalent to 80,300 won at the market price.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on circumstantial statements made to the driver of a alcoholic beverage, the place of measurement of alcohol, the report on investigation (additional description of crimes (damage to public goods), and the report on investigation (unit price of acquisition of goods for

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 141(1) of the Criminal Act (amended by Act No. 16037, Dec. 24, 201); the choice of each fine for a crime;

1. Of concurrent crimes, the punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment as provided for in the crime of damaging Articles for Public Use with heavier punishment: Provided, That the lowest sentence of the punishment shall be determined by the crimes of violating the Road Traffic Act);

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of this case, including blood alcohol concentration, Defendant’s age, character and conduct, family relation, home environment, motive and means of crime, and circumstances after crime, shall be determined as above.

The defendant reflects the crime of this case, and recovered damage to public goods.

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