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(영문) 부산지방법원 2015.05.13 2015고단821

도로교통법위반(음주운전)등

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

However, 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. On August 6, 2014, the Defendant received a summary order of KRW 3 million from the Busan District Court to a fine of KRW 1,200,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 1,20,000 as a fine of KRW 1,20,000 from the Changwon District Court’s branch court on January 16, 2015 to a crime of violating the Road Traffic Act.

Nevertheless, around 02:35 January 2, 2015, the Defendant driven CMW car under the influence of alcohol concentration of 0.09% without obtaining a driver's license from around 2 km section to the front road of the building in the Busan Jin-dong, to around 02:35.0.

As a result, the defendant was driving a motor vehicle more than twice and driving a motor vehicle under the influence of alcohol again.

2. The Defendant, at the location of D’s house located in Busan, Jin-gu B building 602, Busan, the date and time indicated in the preceding port, stated that, while the Defendant was driving a CMW car, as described in the preceding port, the Defendant sent a traffic accident involving FM taxi drivened by E on the front of the above B building while driving the FMW car, and caused D to make a false statement by stating that “I sent a traffic accident involving the Defendant’s her mother-child who was frighting to drink and driving a car within the city, and there is any change to the statement that the Defendant driven a car within the city.”

Therefore, the defendant is driving D with a police officer who could not know the name that he sent to the traffic accident scene around that time.

A false statement is made that traffic accident was sent, and D is driving at the Busan Jin Police Station located in Busan Jin-ro 111-gil, Busan Jin-gu, Busan, about 03:40 on the same day, and D is driving at a slope G.

A false statement was submitted to the effect that the traffic accident was sent.

Accordingly, the defendant assisted the above D to escape a person who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

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