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(영문) 춘천지방법원 속초지원 2013.10.11 2013고단277

뇌물공여등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:00 on July 11, 2013, the Defendant driven a B Trate car under the influence of alcohol content of about 0.162% at the 7km section from the front of the Seoul Public Officials Training Institute located in the Young-si, Young-si, Seoul to the front road of the same day from July 21, 2013.

2. The Defendant of the offering of a bribe was subject to the control of police officers belonging to the Seocho Police Station C District District under the influence of alcohol due to the fact of drinking operation as stated in the above Paragraph (1), and was subjected to a drinking test, and was willing to make a solicitation to the police officers belonging to the said district group to manipulate the drinking measurement measurements.

On July 12, 2013, at early 06:56, the Defendant: (a) laid down the plastic bag above the F patrol vehicle parking lot located in Sincho-si, Sincho-si, with a slope E, who is in charge of the duties such as the crackdown on drinking driving at the said district-owned building parking lot, for the Defendant’s refusal to grant the said plastic bag containing a cash of KRW 2 million in the name of the honorarium, while making a solicitation that the driver’s license is not revoked; (b) the Defendant laid down the said plastic bag above the bridge of the F patrol vehicle that was parked therein.

Accordingly, the defendant given a bribe in relation to the public official's duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to cash bags photographs posted to patrols;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 133 (1) and 129 (1) of the Criminal Act, the choice of imprisonment with prison labor;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the criminal defendant recognized the crime

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Article 134 of the Criminal Act;