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(영문) 인천지방법원 2014.02.12 2013고단218

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 2, 2012, at around 05:51, the Defendant reported false details to public officials belonging to the Incheon Metropolitan Police Agency, who walked on 112 by using a cell phone at the parking lot near the hospital located in Nam-gu Incheon Metropolitan City.

On October 2, 2012, 05:45 on October 2, 2012, the contents of the report include assaulting the male-friendly vehicle E, such as putting head debt, and punishing the vehicle of so-called "a request for punishment as he/she escaped." There was no lack of assaulting the defendant, or destroying the F-dopurted vehicle owned by the defendant.

In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report the results of internal investigation;

1. Relevant provisions of the Criminal Act and Article 156 of the Criminal Act for the selection of a fine for an offense (including the selection of a fine, the acknowledgement of and reflects on his/her mistake, the fact that E is not subject to punishment due to an accusation, and the fact that he/she has no record of punishment);

1. Articles 157, 153 and 55 (1) 6 of the Criminal Act for mitigation of confessions;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Around October 2, 2012, at around 05:51, the summary of the facts charged, the Defendant driven a fa-purt-purd car at a distance of 15km from the front of the Heart club located in Seo-gu Incheon Metropolitan City, to the front of the D Hospital located in Seo-gu Incheon Metropolitan City, with a blood alcohol content of 0.168% under the influence of alcohol.

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 2008Do10096 Decided June 25, 2009, etc.). B.

(e).