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(영문) 인천지방법원 2015.04.17 2015고정503
재물손괴등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 26, 2014, at around 00:55, the Defendant damaged the entrance door door door door, which is managed by the victim C (the age of 48) in Seo-gu Incheon Metropolitan City, without any justifiable reason before the entrance door of the Diplomatic Association administered by the victim C (the age of 48). The Defendant destroyed the entrance door door door, which is the market price of the above church owned by the victim.

2. Violation of the Road Traffic Act (refluence of the noise measurement) caused damage to the church windows at the same time as the above Paragraph (1) of the same Article, driving a ES5 car under the influence of drinking, proceeding to the roads 12, 156-ro 12, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, which received the report of the escape case after destroying and damaging property at the same time, and arrested the police officer G as a flagrant offender of the F District Police Station of the Incheon Western Police Station, and led to the criminal watch team office

On November 26, 2014, at around 03:53, the Defendant was demanded to respond to the drinking test by inserting approximately 34 minutes in a drinking measuring instrument four minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking from a slope H belonging to the traffic safety division of the above police station, and smelling in the Defendant’s entrance, etc., at the office of the above criminal party branch office, there was a considerable reason to recognize that the Defendant was driving under the influence of alcohol.

Nevertheless, the defendant did not comply with a police officer's demand for alcohol testing without justifiable reason.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. A written statement of C;

1. On-site photographs, etc. (the fact of No. 2 on-board);

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the status of running a driving, and notification of the entry into the Road Traffic Act;

1. Application of Acts and subordinate statutes to investigation reports (in case of refusal to take a drinking test for a suspect, attaching a copy of the ledger using a drinking measuring

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, and Article 148-2 (1) of the Road Traffic Act, the selection of fines as to the crime;

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