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(영문) 대구지방법원 2018.10.18 2018고단3804
공용서류손상등
Text

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

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 15, 2018, the Defendant: (a) driven a three-way parking lot in Daegu-gu, Daegu-gu, under the influence of alcohol content of 0.268% on blood on May 15, 2018; (b) from the front road of the three-way parking lot under the influence of alcohol content of 0.268% on blood, to the front road of the precious metal street in the same Dong, the Defendant driven a 100-meter off-road car.

2. On May 15, 2018, the Defendant: (a) caused an accident involving a motor vehicle on the part of the E-driving F, driving a motor vehicle, driving the motor vehicle, and driving the motor vehicle, resulting in damage to the documents used by a public office by a tearing tearing the tear content of the blood alcohol level at 0.268% after receiving a traffic accident report from the police officer G, and responding to the demand of the police officer for alcohol measurement; and (b) the police officer demanded the Defendant to show the situation of the driver’s statement, and sign and seal the report, even though the police officer demanded the Defendant to affix the signature, the documents used by the public office are damaged by tearing the tearing to be seen as pent on the report form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of the Act and subordinate statutes of the investigative report (No. 8 lists of evidence);

1. Relevant legal provisions of the Criminal Act, Article 141(1) (a) of the Criminal Act (a point of damage to documents for public use), Articles 148-2(2)1 and 44(1) of the Road Traffic Act (a point of drinking), and the choice of imprisonment, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: high alcohol concentration in the instant blood, the fact that there is no good quality of the crime, such as impairing public documents after enforcement, the circumstances favorable to the fact that there has been the power already punished for driving under drinking: confession and reflect, the fact that the crime of damaging public documents was committed by contingency, and the function of the Defendant’s lowered liver has influenced the alcohol concentration in blood.

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