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(영문) 서울중앙지방법원 2017.03.31 2016고정3197
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

around 17:29 on July 8, 2016, Defendant A attempted to take over at the 73-lane 73-ro of the Dongjak-gu Seoul Metropolitan Government in a drinking condition to the traffic of the Dongjak Police Station and the accident investigation department due to contact with other vehicles during the operation of the off-to-air in the direction of traffic accident investigation. Defendant A attempted to move the drinking test and investigation conducted by the vehicle accident investigation team to the 19:40 on the same 19:40 at the expense of the Dongjak Police Station and to go to the west and to go to the upper floor. Defendant A tried to take the direction of civil petition, such as asking the police officer C who was on the duty of the present direction, to see the stude of the defect in the direction of civil petition, and to damage public goods, such as destroying two chemical parts by gathering the person inside the waiting room despite the civil petition.

On July 8, 2016, the Defendant, while under the influence of alcohol level of 0.135% in the blood alcohol level from around 17:30 on July 8, 2016, the Defendant driven a DNA motor motor bicycle in the area of approximately 300 meters from the vicinity of the Dongjak-gu Seoul Metropolitan Government Shobro 113 to the front road of the Dongjak-gu 2nd public security center.

Summary of Evidence

"2016 High 3197"

1. Entry of the defendant in part in the first trial record;

1. The statement of witness C at the third public trial protocol, 2016, 357, written by the witness C;

1. Entry of the defendant in part in the first trial record;

1. Statement of witness E in the third public trial protocol;

1. Statement of witness F and G in the witness examination protocol;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, actual survey records, reports on the detection of drivers at home (E) and reports on the circumstantial statement of drivers at home (E Preparation Parts);

1. Images of a dactical output, or of a dacticule measuring a suspect's dacticule by capturing a photograph or video;

1. Application of the Acts and subordinate statutes governing breathous video CDs and CCTV video CDs;

1. Relevant legal provisions of the Criminal Act, Article 141(1) (a) of the Criminal Act (a point of damage to goods for public use), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (a point of drinking), the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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