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(영문) 수원지방법원 평택지원 2016.05.19 2016고단321

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six 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

On October 29, 2013, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law at the Suwon District Court’s Eunpyeong District Court’s site, and on October 20, 2015, the same court issued a summary order of KRW 2,00,000 as a fine for a violation of road traffic law.

1. On November 24, 2015, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) driving a vehicle driving license around 22:20 on or around November 24, 2015, while under the influence of alcohol content of 0.084% during blood during a period of suspension, the Defendant driven BCo car C in the section of about 1km from the front side of a water bath restaurant in the same city-style city, under the influence of alcohol content at 0.084% during blood, and from the 1km to the front side of the same city-style mountain road in the erosan-dong at the erosan city

2. On November 04, 2015, the Defendant: (a) discovered the fact that a police officer is under the influence of drinking and was waiting to conceal the driving of drinking in front of the rooftop mountain paths located in the Gainsan-dong of the Gyeonggi-do on the game at around 22:20 on November 24, 2015.

C “A person who has been driving a job to change the job.”

The phrase “compacting”, thereby inducing C to make a false confession.

Therefore, C was driven by himself to D who was under the influence of drinking on the same day 22:25.

A false statement, response to the alcohol alcohol measurement, and then the inquiry of the results of the crackdown on drinking driving, and the statement of the situation of the driver in charge was signed.

As a result, the defendant instigated the above C to escape a person who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect examination of the police against the accused and C;

1. Investigation report (the application of the above dmark formula);

1. The ledger of driver's licenses and details of suspension of licenses;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraphs 1 and 43 of Article 152, Article 151 (1) and Article 31 (1) of the Criminal Act concerning the facts constituting an offense;

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