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(영문) 부산지방법원 서부지원 2020.01.15 2019고단1206

공용서류손상등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On December 18, 2017, the Defendant was sentenced to one year and two months of imprisonment for a crime of fraud, etc. at the Incheon District Court, and on October 26, 2018, the parole period was expired on October 24, 2018 during the execution of the sentence.

【Criminal Facts】

1. On April 29, 2019, the Defendant was sentenced to respective rulings of the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (driving without a license) at the Busan District Court on September 11, 2012, and of a fine of KRW 3 million on September 10, 2015, the Defendant driving a D New-style Motor Vehicle with a blood alcohol concentration of approximately 2km in the section of approximately 2km from the Busan District Hospital to the same Gu C at around April 22 and 50, 2019 without obtaining the driver’s license.

2. On April 29, 2019, around 23:30 on April 29, 2019, the Defendant damaged public documents and damaged documents used by a public office, i.e., tear-free driver’s circumstantial statement, knifeing the Defendant at the Busan High Police Station E-gu, Busan High Police Station, and G knife to require the Defendant to prepare documents, such as a drinking-free driver’s alcohol test, after weighing alcohol, and sign and seal on the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the defendant;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the regulation of drinking driving and investigation report (Attachment to public documents damaged);

1. Inquiries, reports on investigation (Attachment to judgments of the suspect's same kind of power, etc.), application of Acts and subordinate statutes to criminal reports;

1. Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, Article 43 of the Road Traffic Act; Article 141 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of running under the Road Traffic Act).