beta
(영문) 대전지방법원 2015.03.19 2014고단2702

공용서류손상등

Text

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

Reasons

Punishment of the crime

1. Around 14:30 on May 9, 2014, the Defendant was driving a Cco-type sports car under the influence of alcohol with approximately 5km alcohol concentration of about 0.183% at the section of about 5km from the front of a gallon cafeteria, Geumsan-gun, Geumsan-gun, Ginsan-gun, Ginsan-gun, to the end of 40:0,000, in a manner of under the influence of alcohol content of about 0.183%.

2. On May 9, 2014, the Defendant damaged public documents: (a) around 15:38, the Defendant: (b) performed a drinking test using a drinking measuring instrument to the Defendant, who was under the influence of alcohol by the slope F belonging to the above E zone in the Geum-gun, Geum-do, Chungcheongnam-do; and (c) prepared a report on the statement of the driver’s opinion, and presented it to the Defendant, “I will enter the column for stating the driver’s opinion, sign and seal”; and (d) did not collect blood more than 10 hours after collecting blood.

The report on the state-owned driver's statement was made effective in such a way as to impair the documents used by public offices that thrown away tear in its form.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Statement of the police officer to I;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Photographs of the report;

1. Application of Acts and subordinate statutes of an investigation report (No. 16 of the evidence list);

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime (the point of sound driving, the choice of imprisonment), Article 141 (1) of the Criminal Act (the point of damage to public documents and the choice of imprisonment);

1. Judgment on the assertion of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (to the extent that the maximum sentence of two crimes is added up, but to the extent that the minimum sentence is set forth in the Road Traffic Act) of the Criminal Act among concurrent crimes;

1. The summary of the claim is that the Defendant is dissatisfied with the result of the pulmonary test by the pulmonary measuring instrument and demands blood collection after several hours.