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(영문) 대구지방법원 2018.10.25 2018고정539
무고
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is between the job pay and the job pay that the defendant served as an acting engineer of the company C.

around 08:45 on September 14, 2017, the Defendant reported the 112 report using the Defendant’s mobile phone in the E-cafeteria located in Yongcheon-si D, Yongcheon-si, and despite the fact that C had been driven under the influence of alcohol, the Defendant reported the 112 report, and “I refer to “I am to the Youngcheon E restaurant, and I am to the Bocheon E restaurant,” and “I am to the slope F, etc. belonging to the Gyeongcheon-gu Police Station in Yongcheon-do, the Defendant called “I am going to drive under the influence of alcohol, and I am to request prompt measurement,” with the aim of having C receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness C, G and H;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The written statement of the defendant;

1. Reports (receiving, etc. of reports) on internal investigation - photographs;

1. Inquiries about the results of regulating drinking driving;

1. 수사보고( 참고인 조사, 짬뽕 집 내부 CCTV 영상 첨부 관련 등)- 가게 내부 CCTV 영상 CD 2장 『 증인들이 모두 당시 대리 운전 사무실에서는 술을 마시지 않았다고

According to the video at the time of the case, C’s operation and arrival at the restaurant without any particular obstacle, it appears that C’s usual walk at the time of leaving the restaurant from the vehicle to the restaurant, the drinking amount calculated by the above dmark formula and the measured drinking amount in light of the quantity of drinking in the restaurant, and as alleged by the Defendant, the drinking amount calculated by the above dmark formula and the measured drinking amount in the above dmark formula in the above dmark showed ever. In addition, if the Defendant 3 dices the above 6-4-5 to 4-5 in the above office until the day immediately preceding the restaurant as alleged by the Defendant at the time of the prosecutor’s investigation, it is recognized that C made a false report on the driving of alcohol and made a false report by the Defendant, taking account of the fact that C’s drinking amount was considerable.

[Application of Laws]

1. Article 156 of the Criminal Act applicable to the crime and Article 156 of the Selection of Punishment Act (Optional to Penalty).

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