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(영문) 인천지방법원 2020.09.09 2020고단3586

도로교통법위반(음주운전)

Text

1. Defendant A shall be punished by imprisonment for two years.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 31, 2013, Defendant A received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, a summary order of KRW 4.5 million from the Seoul Southern District Court to the same crime on November 8, 2013, and a summary order of KRW 5 million from the Incheon Southern District Court to the same crime on February 6, 2015, respectively.

【Criminal Facts】

Defendants were legally married, but they divorced on February 14, 2020.

1. On March 21, 2020, at around 20:15, the Defendant driven a G low-speed vehicle while under the influence of alcohol content of 0.109%, from the front of the D cafeteria in the vicinity of the Nam-gu Incheon Metropolitan City Ctel to the underground parking lot of the same building E in the same 2km section.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Defendant B, around March 21, 2020, knew of the fact that the Defendant committed an offense as referred to in the above paragraph (1) at the underground parking lot of the building Fdong-dong, Incheon, Nam-gu, Incheon, the Defendant made a false statement to the superintendent of the police station in Jung-gu, Incheon, Seo-gu, Incheon, that he driven the above vehicle while under the influence of alcohol on the day of the instant case. On March 29, 2020, Defendant B made a false statement to the superintendent of the police station under the investigation of the said case, who is not A, driving the said vehicle under the influence of alcohol.

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

The facts charged are recognized differently by deeming that there is no difficulty in exercising the right of defense.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Report on the situation of driving on each driving on the driving on the driving on the driving on each driving on the driving on the driving on the driving on each driving on the driving on the driving on each driving, report on the investigation, notification on the results of the drinking control, report on the internal investigation, report on the entrance, photograph, and investigation report;

1. Previous convictions in judgment: Criminal history records (A) and application of Acts and subordinate statutes of Part III of summary order;

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