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(영문) 대구지방법원 2016.08.25 2016고단2354
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On August 7, 2008, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act in the support of the Daegu District Court of the Daegu District Court of the Republic of Korea for a violation of the Road Traffic Act, and on February 8, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

On April 17, 2016, the Defendant driven a car under the influence of alcohol content of 0.210% while under the influence of alcohol content of 0.210% at the 30th road in front of the 30th road in Gyeongdong-gun, Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun, without the driver's license of a motor vehicle at around 00:10.

2. An offender also knew that he/she committed a crime corresponding to a fine or heavier punishment as stated in the above 1. On the same day, the Defendant: (a) sent a phone call to C, who is located on the road in front of 30,000 South-North Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun, and asked C to make a false statement about “I would have caused an accident while driving the Neman on behalf of Na; and (b) received a report, and instigated C to avoid a crime by making a false statement as if C had caused a traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against C;

1. The driver's license ledger;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. A criminal investigation report (as to the suspect's telephone record, etc.)

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol), Article 152 (1), and Article 43 (the point of driving without a license) of the Traffic Act concerning the facts constituting an offense under the relevant Act, and Articles 151 (1) and 31 (1) of the Criminal Act (the point of driving an offender also occupies) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances disadvantageous to the defendant.

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