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(영문) 의정부지방법원 고양지원 2017.04.27 2017고단86
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 December 14, 2016, the Defendant driving a B benz car under the influence of alcohol with alcohol content of 0.219% from the place on which it was 00:44 on December 14, 2016 to the shooting distance in front of apartment complexes in the ancient-si.

2. On December 14, 2016, the Defendant damaged public documents: (a) at the D District Zone located in Seo-gu, Busan Metropolitan City, Seo-gu, for the purpose of drinking alcohol driving as described in paragraph (1) at the D District District; (b) at the time of Goyang-gu, U.S., the Defendant, due to the defect that he/she should move to the police station during the investigation; (c) one copy of the driver’s circumstantial report prepared by the police officer E belonging to the said District Boundary E; and (d) one copy of the voluntary accompanying consent written by the Defendant to obtain confirmation that he/she consented to voluntary accompanying; and (e) one copy of the notice of the completion of the correction of the name of the president of the Road Traffic Authority in the drinking measuring instrument.

Accordingly, the defendant damaged the utility of three documents used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Application of the Act and subordinate statutes on the site photographs and damaged official document photographs;

1. Relevant Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 141 (1) of the Criminal Act (the point of damaging documents for public use) and the choice of imprisonment for each crime;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is very high in alcohol concentration among the blood of this case, damage to the public documents after enforcement of the order is not good, and there are a number of criminal offenses against the defendant.

However, there is no record of punishment for drinking driving after around 2002.

The punishment shall be determined as per the order, taking into consideration all other circumstances.

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