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(영문) 서울중앙지방법원 2014.12.10 2014고단8427
공용서류손상등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 30, 2014, the Defendant was driving a B-benz car while under the influence of alcohol content of approximately 5 meters at approximately 0.076% at the 688-6 front road in Gangnam-gu Seoul, Gangnam-gu, Seoul.

2. At around 05:50 on October 30, 2014, the Defendant damaged public documents, at the Seoul Gangnam-gu Seoul Southern Police Station’s Transport Survey Team located in Samsung-dong, Gangnam-gu, Seoul, the Defendant did not return to the Republic of Korea after being examined for the above drinking driving, and “Sacs and arms,” and the Defendant stated “Sacs and arms,” as a public document prepared by the police officer C, etc., 7 copies of the juging driver’s launch report, which is a public document prepared by the police officer C, were shicked in both hands, and damaged the public document by

Summary of Evidence

1. Defendant's legal statement;

1. Materials from outputs of taking measurements of drinking alcohol, and reports on detection of drinking drivers;

1. Application of Acts and subordinate statutes to photographs and outputs related to damage to public documents;

1. Relevant statutory provisions of Article 141 (1) of the Criminal Act (a point of damage to public documents), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (a point of sound driving) of the Road Traffic Act, the selection of imprisonment for each crime;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] : Where the value of the article that has been invalidated or destroyed is insignificant in the area to be mitigated (a concurrent crime for which sentencing guidelines have not been set for not less than one month) (a special mitigation person) (a decision to punish a sentence] 2 years of suspended sentence (a decision to punish a person subject to suspended sentence and a person subject to suspended sentence while committing a crime) in August 1, 200;

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