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(영문) 수원지방법원 2014.03.26 2013고단2167

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

Reasons

Punishment of the crime

1. Around 23:00 on October 6, 2012, the Defendant driven D non-motor vehicle under the influence of alcohol content of about 0.101% from a point of 500 meters away from the street in front of the frequency of the mutual influence in the sphere of the right line in Suwon-si, Suwon-si to the front of the right line C at Suwon-si.

2. On October 9, 2012, the Defendant: (a) calls from the Defendant’s office located in Suwon-gu, Suwon-si, the Defendant: (b) asked the Defendant to make a statement in favor of the Defendant, and request the Defendant by telephone five times in favor of the Defendant, and (c) even if the Defendant knows that he/she committed a crime corresponding to a fine or heavier punishment, he/she is driving on behalf of the police officer of the said police station who is investigating a drunk driving accident at the transportation investigation office of the Suwon-gu, the Suwon Police Station on October 11, 2012, when he/she knows that he/she committed a crime corresponding to a fine or heavier punishment.

It made a false statement as if the traffic accident occurred and abetted the criminal escape.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by the prosecution with respect to F;

1. Statement of the police statement of E;

1. E statements;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. Details of currency;

1. According to the investigation report (No. 2, No. 63 of the Investigation Record), the witness F’s statement in the court and the investigative agency, the defendant appears to have driven a rocketing vehicle at the time and time of the crime, and contrary E’s statement in the court and investigative agency is difficult to easily believe it in light of the relationship between the defendant and the defendant

I would like to say.

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Articles 151 (1) and 31 (1) of the Criminal Act concerning criminal facts;

1. Selection of each sentence of imprisonment;

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

1. Although Article 62(1) of the Criminal Code provides that the defendant is not able to repent of his/her mistake, he/she shall be punished by a fine.