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(영문) 인천지방법원 2019.07.25 2019고정1208
재물손괴등
Text

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

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

Reasons

Punishment of the crime

The defendant is a self-employed person who is engaged in driving service of B E Q900 automobiles.

1. On March 8, 2019, the Defendant: (a) at around 21:50 on March 21, 2019, the Defendant: (b) had been parked to drive a vehicle that gets on his own in the public parking lot in Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon, for the reason that the contact with the victim C(the age of 61) vehicle was caused by the accident.

The Defendant: (a) laid down the back door of the driver’s seat and the front door of the damaged vehicle three times, and damaged the wind-line signboards of plastic materials by using damaged vehicles; and (b) damaged the window of the auxiliary stone and the auxiliary stone.

2. Around 21:40 on the same day as paragraph (1) of this Article, the Defendant driven the said vehicle while under the influence of alcohol content of 0.114% at the same 10m section in the same parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. E statements;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and report on the actual condition of a drinking driver;

1. On-site photographs and estimates;

1. In the application of the investigation report (case of a statement of a shote), investigation report (Analysis of scambling of a witness in the situation of a accident), investigation report (Analysis of scambling of a witness in the status of a suspect), investigation report (Analysis of scambling of a witness in the status of a criminal suspect), investigation report (Analysis of sc

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, Articles 148-2(2)1 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the selection of fines for negligence

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the instant crime.

The defendant has no record of punishment for drunk driving, and the damage to property is recovered.

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