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
1. Around 02:21 on July 23, 2018, the Defendant driven C SP car at a section of about 50 meters in the parking lot B B B B in Suwon-gu, Suwon-gu, Suwon-si, under the influence of alcohol level of 0.127%.
2. The Defendant: (a) operated the instant sprink car, which is a dangerous object parked in the said parking lot managed by the victim E, on the ground that there was a harmony with the person living together at the time, place, etc. set forth in paragraph (1); and (b) intentionally shocked the columns installed in the front entrance, and damaged the said columns to have approximately KRW 50,000 for repair costs, such as replacement of external materials.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Written estimate or on-site photographs;
1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, investigation reports (report on the circumstances of drinking drivers), and notification of the results of the control of drinking driving;
1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Articles 369(1) and 366 of the Criminal Act (amended by Act No. 15530, Mar. 27, 201); the choice of fines for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. A normal condition that is favorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the sentencing penalty] 3 million won to 15 million won (the decision of sentencing): A confession and reflect is made; there is no previous conviction above the suspension of execution; the distance of driving under the influence of alcohol is relatively short; the victim was paid repair expenses and the use letter is disadvantageous to the victim: The degree of blood alcohol concentration is significant; the degree of blood alcohol concentration is significant; the defendant's age, character and behavior, environment, the circumstances after the crime of this case, circumstances after the crime of this case, and other various sentencing conditions shown in the oral proceedings shall be determined as per the order.