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(영문) 대구지방법원 경주지원 2020.02.05 2019고단571

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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 23:50 on March 22, 2019, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) driving a Crac vehicle while under the influence of alcohol of about 0.09%, without obtaining a driver’s license in the section of approximately 21km from the influence to the parking lot for the Gyeongn Highway located in Seoan-gu, Seoan-gu, Seoan, Seoan-gu, Busan.

2. The Defendant sent a written message to a female-friendly Gu F, who was in the toilet for the above rest room in order to conceal the fact of driving drinking and dancing without a license, to a female-friendly Gu F, which had been in the toilet for the above rest room, at the time and time zone B parking lot in Busan Busan, the Defendant: (a) received 112 report on the drinking driving of the said racing car; and (b) received a drinking control from E, the Hanam Provincial Police Agency D, the Police Agency D, and Police Agency D, which called “self-driving and driving without a license; and (c) had F make a false confession.”

Therefore, F returned from the above rest room to the parked place, and F made a false statement to the control police officer that "the person was driven by him" and performed a drinking test.

Accordingly, the defendant assisted F to escape the defendant who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Report on the result of a drinking-free driving station, and a report on the status of a drinking-free driver;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, Article 43 of the Road Traffic Act; Articles 151 (1) and 31 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: Imprisonment;

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