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(영문) 수원지방법원 안산지원 2016.06.30 2016고단1437
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2007, the Defendant was sentenced to a fine of KRW 700,00 to a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on October 2, 2007, and a fine of KRW 7 million to a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Friwon, on October 19, 2012.

1. On April 24, 2016, the Defendant, while under the influence of alcohol at around 00:39, the Defendant driven B car owned by the Defendant from the front side of the hospital located in the front side of the Gu of Ansan-si to the front side of the installment savings for the elderly at approximately 11m of the same Gu, from the front side of the hospital located in the inside of the Gu of Ansan-si to the front side of the elderly for the installment savings in the same Gu.

2. On April 24, 2016, at around 01:05, the Defendant: (a) was parked around four police officers, such as a slope D belonging to the police box of the Ansan-do Police Station C in front of the above installment savings, and was parked around the police station; and (b) was parked around the police station.

E The left-hand part of the front number plate of the E-Wld patrolr was damaged so that the repair cost of 538,349 won was damaged and its utility was impaired.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the results of regulating the driving of drinking alcohol and a record of measuring drinking alcohol;

1. A written statement of the driver who takes charge;

1. Photographs of damaged vehicles;

1. Written estimate;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2(1)1 and 44(1) (the point of drinking) of the Road Traffic Act, Article 141(1) of the Criminal Act (the point of damage to goods for public use) and the choice of imprisonment for each sentence;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The fact that the reasons for sentencing of Article 62-2 of the Criminal Act on community service and order to attend lectures have been punished twice as a crime of violating the Road Traffic Act (driving) is disadvantageous to the defendant.

However, the defendant's mistake.

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