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(영문) 청주지방법원 충주지원 2015.09.02 2015고정61
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 14, 2014, Defendant A’s violation of the Road Traffic Act ( sound driving) driven a Brocketing car from around 1.5 km to the front parking lot of the training-based apartment 207-dong, training-based, in the state of alcohol 0.214% of blood alcohol level around 05:51, the Defendant driven a Brocketing car at the section of approximately 1.5 km from the entisher’s adjacent to the junju-si, training-based coffee shop located in the Chungcheong-si to the 207-dong parking lot in the Chungcheong-si.

2. On September 16, 2014, Defendant A’s criminal attempted to conceal his/her driving under the influence of alcohol, such as the entry in the preceding paragraph, and asked C to make his/her statement that he/she was driving, thereby allowing C to make a false confession.

Thus, at around 14:30 on September 29, 2014, the Defendant made C to make a false statement that C was driving a vehicle in lieu of the said vehicle, and C was driving a vehicle in lieu of the said vehicle within the traffic survey system of the Chungcheong Police Station located in 218.

As a result, the defendant instigated the above C to escape a person who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and C by the prosecution;

1. Each police suspect interrogation protocol against the defendant and C;

1. Each police statement of the defendant, E, and C;

1. A statement prepared by the F;

1. Each criminal's place, report on the occurrence of a traffic accident, actual situation investigation report, report on the detection of a host driver, circumstantial statement of a host driver, photographs, and telephone communications details; and

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 151 (1) of the Criminal Act (the point of a person who assists in delivery of a criminal), and the choice of a fine for each crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant is guilty of sentencing of Article 334(1) of the Criminal Procedure Act.

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