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(영문) 수원지방법원 평택지원 2015.10.23 2014고단1853
공용서류손상등
Text

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

Reasons

Punishment of the crime

On July 11, 2008, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On June 3, 2011, the Defendant received a summary order of KRW 5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Pyeongtaek District Court’s Pyeongtaek District Court’s Pyeongtaek District Court’s site, and on July 2, 2014, the Defendant received a summary order of KRW 4 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act.

1. A person who has been punished twice or more for a violation of the Road Traffic Act (driving without a license) or the Road Traffic Act (driving without a license) as seen above, the Defendant driven a Drash car under the influence of alcohol with a blood alcohol concentration of 0.220% from the front of the parking lot for Pyeongtaek-si and the front of the said parking lot to the front of the said 3km-si in the same city, around 23:55 on October 6, 2014, without obtaining a driver’s license from the 3km section to the front of the said parking lot in the same city.

2. Around 00:20 on October 7, 2014, the Defendant damaged documents for public use. Around October 7, 2014, the Defendant received a report on the circumstances of the driver’s oral statement from the head of Pyeongtaek-gu Police Station, which was drafted by the head of Pyeongtaek-gu Police Station E, who controlled the Defendant under the suspicion of drunk driving, and damaged documents used by public offices by tearing the said report on the circumstances of the driver’s oral statement into the Defendant’s entry.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses;

1. A report on investigation;

1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, Article 141 (1) of the Criminal Act (a point where goods for public use are damaged);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

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