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(영문) 창원지방법원 마산지원 2013.11.28 2013고정720

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a company member. A.

On 14:30 on 08, 201, the Defendant was under the influence of alcohol by 0.20% on blood alcohol content, and the Defendant driven a car of approximately 5-meter distance to the road near the road where there is a legal jump gate model located in the Gyeongnam-gun, the Gyeongnam-gun, which is located in the outside of the waters of the Gyeongnam-gun, by driving a car of approximately 23 meters owned by the Defendant (23 years old).

B. On August 14:42, 2012, the Defendant’s invalidation of public documents, at around 14:42, destroyed a teared public article document by gathering a report on detection of drinking drivers (20-62020-0019, No. 2019), where a slope E, who served in the said police box, was in charge of the said police box within the office of the Haban Police Station, prepared documents, such as a drinking alcohol test, against the Defendant, and notified the Defendant of the signature and seal, and “no person was engaged in driving under the influence of alcohol,” and refusing to affix the signature and seal.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, inquiry into the results of the control of drinking driving, certificate of drinking alcohol measurement for a drinking driver, and circumstantial statement of a drinking driver;

1. Application of the respective Acts and subordinate statutes of E and F;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;