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(영문) 수원지방법원 안양지원 2016.07.22 2016고단917

도로교통법위반(음주운전)등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal history] Defendant A was issued a summary order of KRW 700,000 by the Incheon District Court on April 21, 2006 to a fine of KRW 700,000 for a crime of violation of the Road Traffic Act, the summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court on October 23, 2008 to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court on December 30, 2009 to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Incheon District Court on December 14, 2012. On January 18, 2013, Defendant A was sentenced to a suspended sentence of imprisonment for 8 months for a crime of violation of the Road Traffic Act at the Incheon District Court on December 18, 2013.

[Criminal Facts]

1. Defendant A

A. On December 4, 2015, the Defendant violated the Road Traffic Act (drinking and non-licensed driving) driven an FK5 vehicle while under the influence of alcohol leveling 0.138% of alcohol level while under the influence of alcohol leveling from approximately 700 meters at a distance of about 700 meters to the road front of a restaurant located in Ansan-gu from the public restaurant parking lot in the innyang-si, Pyeong-si, Syang-si, Syang-si, Pyeong-si.

B. On December 4, 2015, the Defendant: (a) was parked in the E cafeteria parking lot in front of the E cafeteria-gu, Annyang-si, Annyang-si, Annyang-si on December 12:20, 2015; and (b) was charged with the front part of the Convenz car parked in the place.

Since the Defendant was punished for a large number of times due to drinking driving, etc., the Defendant asked B who was accompanied by the chief of the police officer at the time, to “I would like to make a false statement as if he driven this type (B).” On December 4, 2015, B received a report at the scene of the foregoing accident and led B to force B to make a statement as if he was driven by the police officer.

2. Defendant B, as seen above, was aware of the fact that the said person driving a motor vehicle while drinking alcohol without a driver’s license and committing an offense punishable by a fine or heavier punishment, but the Defendant B filed a report in front of the Manan-gu Manan-gu, Annan-gu, Annyang-si, B, on December 4, 2015.