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(영문) 대전지방법원 서산지원 2013.06.20 2012고단625

도로교통법위반(음주운전)

Text

Defendants shall be punished by imprisonment for six months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 27, 2011, Defendant A driven a H UA car volume of approximately 50 meters from the road front of the F cafeteria in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the GF road in front of the GF cafeteria in E, while under the influence of alcohol at least 0.150% of alcohol content.

2. Defendant B is closely related to A, including mediating the conclusion of Samsung Fire Insurance Contract.

A around 21:40 on April 27, 201, while under the influence of alcohol at 0.150% of alcohol content, A was in the influence of alcohol, and caused an accident while driving his HA car at his own, and was under the influence of alcohol at the I Hospital at around 04:38 on the following day, and the Defendant was also aware of such fact.

While the Defendant knows that the aforementioned crime was committed by A, on April 201, the Defendant asked J and K to the effect that “A license was revoked due to driving under the influence of alcohol. In the L box, the Defendant requested that “A drive the vehicle of the Party A at the scene of contact and went to the G agricultural cooperative,” and that “A was caused an accident while driving the vehicle of the Party A” at the J and K’s office for the investigation of traffic accidents around July 25, 201, respectively.

On June 14, 2012 and June 25, 2012, the Defendant continued to appear at the Seo-gu District Prosecutors' Office in Daejeon District Public Prosecutor's Office and stated the false facts to the effect that "A was involved in an accident while driving his/her vehicle while driving his/her vehicle, and A was not involved in drinking."

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness K, J, M and N;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A letter of order for submission, a letter of request for submission and an accompanying usb’s sound recording file;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Road Traffic Act.

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