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(영문) 창원지방법원 2018.02.21 2017고단342

도로교통법위반(음주운전)등

Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. On October 1, 2007, the Defendant issued a summary order of KRW 8 million at the Changwon District Court to a fine of KRW 2.5 million for a crime of violation of road traffic laws (driving), KRW 3 million for a crime of violation of road traffic laws (driving), at the Busan District Court on December 12, 2007, and KRW 8 million for a crime of violation of road traffic laws (driving), at the Changwon District Court on January 13, 2014, and was sentenced to a suspended sentence of KRW 8 million for a crime of violation of road traffic laws (driving), and on July 4, 2014.

1) On August 29, 2016, the Defendant driven a GVS vehicle owned by the Defendant under the influence of alcohol content of about 0.131% from a 400-meter section to a GVS parking lot located in the same city-ro 163 (out the road located in the city-ro 163 (out the road) located in the center of Kimhae-si around 01:00 on August 29, 2016.

2) On August 29, 2016, the Defendant also taken a breath test from the parking lot at the above Hah Elementary School on August 29, 2016 due to the breath alcohol measuring instrument at around 01:24 on the same day, and was accompanied by the above vehicle on the same day.

B “A person who gets a substitute for internal driving” by telephone to

The police made a statement with a view to having B make a false confession by requesting the visitors to pay the unpaid fine of KRW 2 million.

Accordingly, on August 29, 2016, the Defendant: (a) had B drive the above Nitp Vehicle around 01:00 on August 29, 2016, to a police officer who was in charge of drinking control at the police station located in the Jung-gu Police Station in the Kimhae-si, Kim Jong-si, who was in charge of drinking control.

On September 5, 2016, he made a false statement to the same effect after being investigated by the police station guard of the Kim Jong-hae, Kim Jong-hae, and making a false statement to the same effect.

As a result, the defendant instigated B to escape a person who commits a crime corresponding to a fine or heavier punishment.

B. Defendant B: (a) around 01:00 on August 29, 2016, at around 01:0, at the same time, from the road near the 48-ro in and outside the city of Kimhae-si to the same 163-ro.