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(영문) 수원지방법원 성남지원 2014.04.16 2014고단316
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On January 19, 2014, at around 00:06, the Defendant driven a C low-speed car with a blood alcohol concentration of about 0.249% from the 100-distance section from the roads in front of 1380 Do-13 (Uniform-dong) to the roads in front of the 712 Do-nam-si, Sungnam-si, to the roads in front of the 712 Park.

B. On January 19, 2014, at around 00:08, the Defendant sent a phone to B, who was aware of the usual road in front of the 712 Park Sung-nam-gu, Sungnam-gu, Sungnam-si, and called “Any accident has occurred in the vicinity of the 712 Park,” and called “B, as soon as possible,” and called “B, if the license is discovered to run a motor vehicle due to drinking, the license shall be revoked, and if the license is revoked, the license shall be revoked, and if the license is revoked, the driver shall not be able to drive the motor vehicle, and if the license is revoked, the driver shall be retired from the operation of the motor vehicle.” On the same day, B consenting B, at the Sungnam-nam Police Station D box of the Sungnam Police Station around 00:30 on the same day, was driving a motor vehicle

By making a statement as if he caused an accident and being investigated, the defendant who committed a crime equivalent to a fine or heavier punishment was instigated to escape.

2. Defendant B’s above 1-B

At the time and place mentioned in the paragraph, A made a statement as if he/she had caused a traffic accident and received an investigation, thereby allowing A to escape from a fine or heavier punishment.

Summary of Evidence

1. Defendants’ legal statement

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes of E;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 148-2(2)1 and 44(1) of the Road Traffic Act (A) and Articles 151(1) and 31(1) of the Criminal Act (A) of the Road Traffic Act, and the choice of imprisonment, respectively;

B. Defendant B: Article 151(1) of the Criminal Act; selection of fines

1. A who is subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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