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(영문) 의정부지방법원 2013.09.10 2013고단2563
공용서류손상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

Defendant,

1. On July 23, 2013: (a) a person driving a D ready-light vehicle under the influence of alcohol content of about 0.215% at the section of approximately 2km from the Do in front of the “Criju store” operated by the Defendant in Ji-si B of the Government on July 23, 2013 to the roads front of the Ki-si Fri-dong 369-5 in the same city, from the Do; (b) a person driving a vehicle under the influence of alcohol content of about 0.215%;

2. Around 04:40 on July 23, 2013, a person who was requested to affix his/her seal to the “report on detection of drinking drivers” while being investigated as a case of violation of the Road Traffic Act at the F District Zone of the Gu Government Police Station of the Gu Government Police Station of the Gu Government Police Station of the Gu Office E on July 23, 2013 due to damage to public documents, or damaged documents used by public offices, thereby impairing their utility.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to photographs (public documents destroyed and damaged, and photographs of suspects after they are destroyed and damaged), reports on detection of drivers, and reports on detection of drivers;

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

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be applicable to concurrent crimes resulting from the injury to public documents, the punishment of which is heavier than that imposed, within the scope of the sum of the maximum term of two crimes]

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is that the Defendant driven a motor vehicle under the influence of alcohol concentration of 0.215%, and damaged the tearing driver's detection report and the official document, and the nature and circumstances of the crime are not weak.

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