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(영문) 대전지방법원 홍성지원 2020.05.19 2019고단963

도로교통법위반(음주운전)등

Text

[Defendant A] The punishment against Defendant A shall be set forth in eight months.

except that this judgment shall be rendered against Defendant A.

Reasons

Punishment of the crime

1. Defendant A

A. On March 12, 2019, the Defendant driven a FK7 vehicle under the influence of alcohol with a maximum of 0.172% alcohol level of 0.172% in the section of about 20km from the Do before the drinking house where it is impossible to identify the trade name of Hongsung-gun, Hongsung-gun, the Defendant, at around 01:13, driven a FK7 vehicle under the influence of alcohol level of about 0.172%.

B. Even though the Defendant had driven under the influence of alcohol as stated in paragraph (1), around March 12, 2019, around 09:00, the Defendant stated that B was driven by the Defendant’s company line B, the Defendant, and told B, who was the Defendant’s company line B, to make a false statement at the investigation agency.

On May 20, 2019, around 19:26, the Defendant: (a) instructed B to escape a police officer I belonging to the above police station to make him/her make a false statement as he/she had been driving at the H Team office of the budget-invested branch of the Chungcheongnam-gun budget-raising branch; and (b) assisted B B to escape a person who commits an offense equivalent to or higher than a fine.

2. As described in paragraph 1-b, Defendant B, at around 19:26 on May 20, 2019, at the H Team office of the budget police station located in 5, due to the resignation of the budget Eup in the Chungcheongnam-nam Budget-gun, Defendant B made a false statement to the police officer I belonging to the said police station as if the Defendant had driven, thereby allowing the Defendant to escape a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement to J and K;

1. Notification of the control of drinking driving;

1. Application of statutes on site photographs;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 151(1) and 31(1) of the Criminal Act; Articles 151(1) and 31(1) of the Criminal Act; Articles 151(1) and 151(2)2 of the Criminal Act; Defendant B selected to be sentenced to imprisonment: Article 151(1) of the Criminal Act; the choice of fines;

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

1. Defendant B of detention in a workhouse: Article 70 of the Criminal Act.