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(영문) 서울중앙지방법원 2019.05.10 2018고단7999

도로교통법위반(음주운전)등

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1. The punishment against Defendant A shall be punished by imprisonment with prison labor for a year;

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On September 7, 2018, the Defendant was under the influence of “D Real Estate” located in Gwanak-gu in Seoul Special Metropolitan City to the same front road of the same Gu, and the blood alcohol concentration of 0.200%, and driving a fro-cop car at approximately 3 km section.

B. The Defendant is driving a car under the influence of alcohol at the time and place under the preceding paragraph.

After the control, around September 7, 2018, B asked B to “D Real Estate to drive a vehicle instead of NNB”, and caused B to make a false statement to the effect that B driven a vehicle at the Seoul Mak Police Station and the G Team office around October 3, 2018, the Seoul Mak Police Station and the G Team office used a false statement to the effect that B driven a vehicle to the reduction of G team staff.

2. On October 3, 2018, Defendant B, upon A’s request, made a false statement to the effect that he/she driven his/her vehicle at the Seoul Mak Police Station and the G Team’s office at around 17:07, on October 3, 2018, Defendant B, who committed a crime corresponding to a fine or heavier punishment, was allowed to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. A list of detection reports and reports, 112 reported cases;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to CD images and photographs;

1. Defendant A of the pertinent law on criminal facts: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Articles 151 (1) and 31 (1) of the Criminal Act (Selection of Imprisonment): Article 151 (1) of the Criminal Act (Selection of Fine)

1. From among concurrent crimes (Defendant A), the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Probation and community service order (Defendant A) Article 62-2 of the Criminal Act;

1. A provisional payment order (Defendant B) Article 334 (1) of the Criminal Procedure Act;