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(영문) 수원지방법원 성남지원 2021.03.18 2020고단3182
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 August 22, 2020, the Defendant driven D Mast Motor Vehicle under the influence of alcohol content of about 0.168% in a section of about 2km from the Do located in the 74-ro, Mannam-si, the Mannam-si, the Mannam-si, the Mannam-si, the Mannam-si, the Mannam-si, the Mannam-si, the Mannam-si, the Mannam-si.

2. The Defendant damaged special property by reporting that the victim F, who driven a cab on the road near the above C Burial, was able to drive the cab in danger of the Defendant, and caused the Defendant to stop in front of the taxi in front of the cab of the victim who gets driven by the Defendant to leave the cab and get off the cab, and then the victim was drinking the victim during the time. The victim was able to enter his cab, and the victim was able to get off the car with a car crode of steel materials, which is a dangerous object in the Defendant’s vehicle, and caused the victim to get off the string of the cab in front of the victim’s cab.

Accordingly, the defendant carried dangerous things and destroyed a taxi vehicle owned by the victim.

Summary of Evidence

1. The protocol concerning the examination of suspect concerning F of some of the accused's legal statement;

1. A statement prepared by the F;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. On-site photographs and vehicle photographs (the defendant alleged to the effect that he/she was found to have a defected in the window of the back seat of a taxi owned by the victim, but according to the photographs of the ruling, the part where the defect is found may be recognized as having a window of the si driver's seat);

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Articles 369 (1) and 366 of the Criminal Act concerning the facts constituting an offense; and Articles 148-2 (3) 2 and 44 (1) of the same Act (the point of destroying dangerous personal belongings; the choice of imprisonment);

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. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) are as follows.

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