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(영문) 대전지방법원 2014.11.25 2014고단3099
도로교통법위반(음주운전)등
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

On May 8, 2009, the defendant was issued a summary order of one million won as a crime of violation of the Road Traffic Act by the Daejeon District Court on May 8, 2009, and on May 18, 2010, the Daejeon District Court issued a summary order of 1.5 million won as a crime of violation of the Road Traffic Act.

1. On August 4, 2014, the Defendant driven CSM7 car under the influence of alcohol with a blood alcohol concentration of 0.082% 0.082% at the front of the Korean forest apartment route located in the Jungdong-dong, Daejeon, Daejeon, Daejeon.

2. The Defendant: (a) was in front of a forest apartment path operated in the Dong-dong, Daejeon-gu, Daejeon-gu, the date and time-setting set forth in paragraph (1), and the Defendant told D, who was on the top of the operation of the above IM7 car, to the effect that “I would say that I would have changed the place and driven the NA on the ground to the police officer controlling IM7 car.”

Therefore, although the above D knew that the defendant committed a crime corresponding to a fine or heavier than a fine by driving under the influence of alcohol, he/she saw the police officer to make a statement as if he/she driven and changed the place of the defendant, and made a false statement to the assistant E belonging to the Daejeon East Police Station of the Safety Control Department where he/she is working for drinking control.

Accordingly, the defendant instigated the above D to escape from committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning suspect examination of D; and

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Articles 151 (1) and 31 (1) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lower limit shall be the case determined for the violation of the Road Traffic Act];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, order to attend the course, and order;

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