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(영문) 수원지방법원 안양지원 2017.02.07 2016고단1974
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On July 27, 2016, the Defendant was under the influence of alcohol concentration of 0.073% from blood transfusion around 00:30 on July 27, 2016, and driven E New Sheet from the front of the CU convenience store located in Gyeyang-gu Incheon, to the front of the Incheon Gyeyang-gu 3 East-gu 3 East-gu dong, thereby driving XG vehicles.

2. On July 27, 2016, at around 00:50, the Defendant infringed upon a residence by harming the victim’s peace by cutting off the door door to the victim F (n, 26 years of age) who was a related relationship with D lending 3 102 Dong, Gyeyang-gu, Incheon, and not locked, and cutting down the door door on the hand floor and cutting down the door door on the crime prevention windows, putting the door door in knife and cutting down, putting it in a knife, thereby harming the victim’s de facto peace.

3. Property damage Defendant: (a) destroyed the victim’s property equivalent to KRW 450,00 in total by getting off the entrance door in hand at the same time and place as the above 2 paragraph; (b) destroying the security siren and key strings; (c) destroying the main window strings; (d) destroying the main window strings; and (e) cutting off the air-conditioning valve, and then cutting off the air-conditioning valves.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement made by the police with regard to F;

1. Application of the statutes governing the field photographs, such as objects damaged by the damage of property, and written estimates;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act (the point of drinking alcohol), Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, the selection of fines, etc.;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act – Reasons for sentencing in favor of the defendant under Article 334(1) of the Criminal Procedure Act - The fact that the defendant has recognized his/her mistake, that the defendant has agreed with the victim, that the defendant is the primary offender, that the defendant is a disadvantageous circumstance: The defendant committed each of the crimes in this case while driving under the influence of alcohol and finding the victim who had had a relationship with him/her.

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