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(영문) 대전지방법원 2016.12.14 2016고단3344

도로교통법위반(음주운전)등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On July 10, 2016, the Defendant driving a two-wheeled automobile with no number of alcohol alcohol content of about 0.137% in the section of about 200 meters from the front of the 117 Seo-gu, Seo-gu, Seo-gu, Daejeon, only female 38-gil 38, a 68-lane, from the front of the 117 Seo-gu, Seo-gu, Seo-gu. to the front road.

B. The Defendant violated the Guarantee of Automobile Accident Compensation Act is the operator of the two-wheeled automobile.

No two-wheeled motor vehicle not covered by mandatory insurance shall be operated on a road.

Nevertheless, the above defendant is the defendant.

The two-wheeled vehicles, which were not covered by mandatory insurance at the time and place stated in the paragraph, were operated.

2. When Defendant B, who is a working partner, driven a two-wheeled vehicle under the influence of alcohol while driving a two-wheeled vehicle under the influence of alcohol, the Defendant first saw the Defendant to eliminate evidence unfavorable to A while having the unfortunate mind about his competence.

The Defendant knew that A’s written consent to the collection of blood and containers containing A’s blood in the patrol car of 112, and incinerated on July 11, 2016, around 00:30 on July 11, 2016, the aforementioned written consent to the collection of blood by attaching the said blood in a base, and laid off the blood contained therein after opening the blood container.

Accordingly, the defendant destroyed evidence on the criminal case of others.

3. The Defendants’ co-offenders, around 00:30 on July 11, 2016, retired a statement of consent to blood collection, which is documents used for official purposes, such as evidentiary documents, from the Daejeon Police Station, which is a public office, for the purpose of removing the evidence of the public parking lot located in Seo-gu Daejeon, Seo-gu, Daejeon for the purpose of destroying the evidence of the case in violation of the Road Traffic Act (driving). The Defendants are objects used for official purposes, such as evidentiary documents, by attaching the consent to blood collection as a throwter.