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(영문) 의정부지방법원 고양지원 2013.12.13 2013고단1614 (1)
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

1. Around 18:50 on June 22, 2013, the Defendant: (a) driven C motor vehicles with a blood alcohol concentration of about 0.212% in the section of about 4km-gu, Young-gu; (b) around 19:00 on the same day from the front road of the So-gu, So-gu, So-gu, So-called, So-called, So-called, So-called, So-young-gu; and (c) around 19:00 on the same day, the Defendant was under the influence of alcohol concentration of about 0.212%.

2. Even though the Defendant driven a C-car while under the influence of alcohol as set forth in Paragraph 1, the Defendant: (a) asked the police officer to make a statement by driving the said vehicle; and (b) asked the police officer to make a false statement; and (c) allowed the D to make a false statement.

Therefore, the Defendant, at around 20:40 on June 22, 2013, instructed D to make a false statement that D was driving a D driving at the Facstation located in Gyeyang-gu E, Seoyang-gu, Seoyang-gu, which was investigating the above drinking operation.

Accordingly, the defendant instigated D to escape a person who commits a crime subject to a fine or heavier punishment.

Summary of Evidence

1. Each legal statement of the defendant and D;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant or D;

1. The prosecutor's statement concerning H;

1. Statement of the police officer to I;

1. G statements;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes to investigation reports (D mobile phone text messages and telephone conversations details);

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, Articles 151 (1) and 31 (1) of the Criminal Act, and the choice of imprisonment with prison labor (in addition, even though the defendant had been under the influence of alcohol three times, he/she commits the crime to avoid such crime, and commits the crime to conceal the crime, taking into account that the nature of the crime is inferior, such as the crime committed to aid and abetting the criminal to escape from alcohol, and that there is a very high level of drinking water);

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

1. Discretionary mitigation of punishment by the accused under Articles 53 and 55(1)3 of the Criminal Act is recognized to have the intention to mislead the accused.

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