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(영문) 전주지방법원 2016.08.19 2016고단787

공용서류손상등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 20, 2016, the Defendant: (a) driven a cro-car under the influence of alcohol content of about 50 meters from the road near the Southern-si Police Station located in the Southernnam-si, the Southernnam-si, the area of which is about 0.232% from the 50m section of alcohol level to the inside of the boundary of the same police station.

2. On May 20, 2016, the Defendant who damaged public documents was investigated by a police officer E who was under the influence of alcohol at the boundary of the police station located in the area of the Namwon-si, Namwon-si, the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area.

In other words, the above documents were dried up with hand and teared.

Accordingly, the defendant damaged public documents used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A report on internal investigation (in relation to suspect behavior, measuring or refusing to affix seals, or attaching the tear of the person under internal investigation, such as a written statement of the driver under internal investigation, etc.);

1. A report of investigation (ctv images and the suspect that they drink alcohol;

one branch, etc.)

1. Notice of the result of crackdown on driving drinking;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (damage to public documents, option of imprisonment), Articles 148-2(2)1 and 44(1) of the Road Traffic Act (the point of driving alcohol and choice of imprisonment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the long-term punishment for two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on the Observation, etc. of Protection, Etc. is that the blood alcohol concentration is higher due to unfavorable reasons for sentencing, and that damage to public documents is not good in that it interferes with legitimate exercise of public authority.

The defendant recognizes all of the crimes of this case as favorable circumstances, and this case.