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(영문) 서울서부지방법원 2018.11.15 2018고단2547
재물손괴등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Around May 2, 2018, the Defendant damaged the car of the Defendant at the front of Yongsan-gu Seoul Metropolitan Government, on the front of Yongsan-gu, Yongsan-gu, Seoul, on the ground that it is difficult for the Defendant to drive the Defendant’s vehicle due to the F U. S. E-owned vehicle of the victim E, parked in the relevant place. However, the said U. S. car was damaged by a series of times to the amount equivalent to KRW 6,97,760 for the repair cost of the car of the Defendant.

2. Around 01:50 on May 2, 2018, the Defendant driven a Hex motor vehicle under the influence of alcohol content of about 0.16% without a driver’s license from around 50 meters from the front of Yongsan-gu Seoul Metropolitan Government to the front of the same G road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A damaged cuber photograph and written estimate;

1. Notice of prohibition of driving and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 366 of the Criminal Act in relation to the crime, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each alternative fine for punishment;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: one time the record of punishment for driving under the influence of alcohol in 2018 exists.

o favorable circumstances: The damage to the victim of the damaged property was completed, the distance from the driving of drinking is relatively short, and there is no criminal history other than once the driving force of drinking.

All circumstances, such as the age, sex, environment, etc. of the defendant in the same circumstances as o or above.

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