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(영문) 수원지방법원 성남지원 2012.12.05 2012고정1420

도로교통법위반(음주운전)등

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On March 24, 2012, Defendant A driven the volume of DNA rocketing car under the influence of alcohol content of 0.177% at the same time as he/she is under the influence of alcohol with a maximum of 100 meters from the day before the Gyeongdo-dong located in the Chuncheon-si, Chuncheon-si to the front day of the Gyeongdo-dong located in the same Sinsan-dong.

B. On April 4, 2012, Defendant A had been investigated by a slope E at the traffic survey department office at the 742-2 department office at the Hanam Police Station at the Hanam-dong, Chungcheongnam-dong, Chungcheongnam-dong, 742-2, and instigated Defendant B to commit a crime by requesting Defendant B to make a false statement.

2. Around April 14, 2012, Defendant B made a false statement to the effect that he/she was driving on his/her own after receiving a request from Defendant A and being subject to an investigation from the said police station slope E even though he/she did not drive his/her vehicle at the traffic survey department office in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, 742-2, Chungcheongnam-dong, Chungcheongnam-do, 2012.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police concerning B and protocol of suspect examination;

1. A statement on the occurrence of a traffic accident as prepared B;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the occupation of driving and the selection of a fine), Articles 151 (1) and 31 (1) of the Criminal Act (the occupation of a person who leads to delivery of a crime and the selection of a fine): Defendant B: Article 151 (1) of the Criminal Act (the selection of a fine);

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

3. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

4. Defendants of the provisional payment order: Defendant B and the above Defendant’s defense counsel are actively making a false statement to the effect that Defendant B had driven by himself at an investigative agency.