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(영문) 대전지방법원 서산지원 2013.03.28 2012고정538

무고

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 8, 2012, at around 23:55, the Defendant: (a) 23:55 on August 23, 2012, the Defendant: (b) the purpose of having C, a customer, drive a D car owned by C, and (c) had C drive the said car; (b) in spite of the absence of the fact that C driven the said car, C made a false statement to F of the police box affiliated with the police box of the Jinjin Police Station, which received a report, to have C drive a drinking alcohol; and (c) on August 9, 2012, C performed a drinking alcohol test at around 00:05 and measured at 0.058% of the blood alcohol concentration.

Accordingly, the Defendant made a false statement to the police officer as above, and brought C without prejudice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.