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(영문) 서울서부지방법원 2014.02.06 2013고단2553

도로교통법위반(음주운전)등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

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

Reasons

Punishment of the crime

1. Defendant A

A. On June 20, 2013, the Defendant, while under the influence of alcohol with 0.16% of alcohol content, driven a C-5 car in approximately two km section of Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul, at a place where it is impossible to know about the adjacent circulation point of the 07:43, Jun. 20, 2013 and from a place where it is impossible to know about the 2km adjacent to the E-gu, Taewonwon-dong, Yongsan-gu, Seoul to the shooting distance

B. The Defendant: (a) was at the place of criminal punishment by driving under the influence of alcohol as above; (b) tried to gather it; (c) on July 21, 2013, around 22:37, the Seoul Yongsan-gu Seoul Yongsan Police Station stated that 1 was directly driving the said 5 car to B, which was located in the Seoul Yongsan-gu Seoul Yongsan Police Station, 12-12; and (d) caused B to feel a false statement.

On July 21, 2013, B, around 22:37, the Seoul Yongsan-gu Seoul Yongsan-gu Office of Transport and Transport Investigation Team at the Seoul Yongsan-gu Police Station and the Transport Investigation Team office at around 12-12 on June 20, 2013, the Defendant made a false statement that he/she was driving in accordance with the Defendant’s teacher even though he/she driven the said case 5 car at a drinking level on June 207:43.

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

2. On July 21, 2013, at around 22:37, the Defendant falsely stated that, despite having driven the said case-5 car on June 20, 2013 at the Seoul Yongsan Police Station and the Traffic Investigation Team office located in Yongsan-gu Seoul, Yongsan-gu, Seoul, Seoul, at around 12-12, the Defendant driven the said case-5 car at around 07:43, the Defendant was driving the Defendant according to the above A’s teacher.

As a result, the defendant, who committed a crime corresponding to a fine or heavier punishment, had the above A escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Defendant A of the pertinent legal provision on criminal facts: Articles 151(1) and 31(1) (a) of the Criminal Act and Article 148-2(2) of the Road Traffic Act.