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(영문) 인천지방법원 부천지원 2017.11.29 2017고정1104
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 11, 2017, the Defendant: (a) driven B cruise car while under the influence of alcohol content of about 10 meters at approximately 0.090%, from the 19-1st road in the influence of the influence of the influence of the influence of the influence of the influence of the influence of the influence of the influence of the influence of the Sincheon-si.

2. When there is a concern that the Defendant would be punished for driving under the influence of alcohol as seen above, the Defendant: (a) on June 12, 2017, the Defendant: (b) sent the D Company located in Gyeonggi-do Police Station that was under the influence of alcohol and punished for driving under the influence of alcohol; and (c) asked the E to make a false statement as if he/she was present at the police station and stated as if he/she driven the vehicle at that time; and (d) caused the said E to appear as a witness for the traffic accident investigation team at the Seocheon-gu Seoul Special Police Station at around 22:40 on June 14, 2017, and had the said E make a false statement as if he/she was a cruise driver of the cruise car.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. Each police statement made to E, F, and G;

1. Anthrax;

1. Statement of the circumstances of driving at home, report of the circumstances of driving at home, notification of the results of crackdown on drinking, application of Acts and subordinate statutes to related field photographs;

1. Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Articles 151 (1) and 31 (1) of the Criminal Act (the point of driving alcohol), and the selection of fines for each offense;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize and reflects the defendant's mistake late.

There is no record of punishment in Korea prior to the instant case.

However, drinking driving needs to be punished strictly because of its considerable danger and social harm.

In addition, in order to avoid punishment, the defendant has also instigated the offender to avoid punishment.

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