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(영문) 서울중앙지방법원 2021.02.25 2020고단7441
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On September 14, 2020, around 23:40 on September 14, 2020, the Defendant: (a) opened the said cargo vehicle’s left-hand walker with the right-hand walker on the left-hand walker, and (b) opened the said vehicle’s walker with the hand hand, without any special reason, before the “C” rooftop located in Gangnam-gu Seoul, Seoul.

Accordingly, the defendant damaged the victim E's above cargo vehicles that are owned by the victim E to be in excess of KRW 128,00.

2. The Defendant continued to use an automobile for illegal purpose, on the F building parking lot in the above day-to-day road, the Defendant arbitrarily boarded the H car owned by the Victim G with a height without correcting the door, leading the Defendant at will to walk on the H car, and repeated the eronom at approximately 10 meters away from the 10-meter section.

Accordingly, the defendant used another person's automobile temporarily without the consent of the right holder.

3. On September 3, 2010, the Defendant, at the Seoul Central District Court, driven a rash car under the influence of alcohol level of 0.27% in the blood alcohol level of 0.27% in the same court on April 28, 2014, and on May 12, 2016, the same court issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act (e.g., refusal of measurement) at the same court on the same date and at the same place as indicated in paragraph (2), despite the fact that the Defendant was issued a summary order of KRW 7 million in the same court on May 12, 2016.

Accordingly, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice.

Summary of Evidence

1. A report on the actual status of the police's statement G made by the defendant in court;

1. Results of regulating the driving of drinking alcohol, investigation report (report on the situation of the driver in charge of driving alcohol), internal investigation report (written estimate filing, etc.), and transaction statement (D);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of the previous summary order);

1. Relevant legal provisions concerning criminal facts, Article 366 of the Criminal Act of the choice of punishment (the point of damage to property), Article 331-2 of the Criminal Act (the point of unlawful use of automobile) and Article 148-2 of the Road Traffic Act.

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