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(영문) 서울동부지방법원 2016.08.12 2016고단1695

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 30, 2014, the Defendant was issued a summary order of a fine of 3.5 million won for a crime of violating road traffic laws at the Seoul Eastern District Court on July 30, 2014, and on March 19, 2015, the Defendant was sentenced to a suspended sentence of 2 years on August 27, 201, and the judgment became final and conclusive on March 27, 2015.

[Criminal facts]

1. Around 02:20 on March 10, 2016, the Defendant driven a DMW car under the influence of alcohol leveling 0.058% from the 2km section from blood alcohol level to the front road of Songpa-gu Seoul, Songpa-gu.

2. At the time stated in the preceding paragraph, the Defendant received telegraph carriers located in front of Songpa-gu Seoul Metropolitan City on the road, and called to friendly E to conceal the driving of drinking, and caused E to feel a false confession, stating that “I cannot drink the drinking, so I would like to cause the police officer to see that I would drive the drinking,” and let E make a false confession.

Thus, E made a false statement to the F police officer called to the effect that he was a actual driver in relation to driving of alcohol as stated in the preceding paragraph at around that time, and made a false statement to the effect that he was driving at the Song-gu Police Station in Songpa-gu, Seoul, 04:00 on the same day, and at the G-gu Office, he was driving.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement prepared by a defendant and a written statement of occurrence of each traffic accident;

1. A fact-finding survey report and a report on the occurrence of traffic accidents;

1. A report on the measurement of drinking alcohol and a report on the detection of a driver involved;

1. On-site photographs, black stuffs video CDs;

1. A previous conviction in judgment: an inquiry about criminal history;