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(영문) 인천지방법원 2017.11.30 2017고단7956
도로교통법위반(음주측정거부)등
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. On June 29, 2017, around 05:50 on June 29, 2017, the Defendant used approximately 400 meters from the front left corner of the Incheon Southern-gu Water Distribution to the front corner of the Incheon Nam-gu C, the amount of DNA car owned by the Defendant.

The Defendant was driving a vehicle while under the influence of alcohol, such as smelling from the Southern Police Station Etic Assistant F in the Incheon Southern Police Station, smelling on the face, etc., while standing a vehicle while driving a vehicle at a speed of time in one lane among two laness.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the defendant did not comply with the police officer's request for a drinking test on three occasions without good cause.

B. On June 29, 2017, in order to avoid the revocation of the driver’s license of a motor vehicle, the Defendant was also drinking, and the Defendant stated that “N is driving the Neas to the Neassen,” to the workplace guard B, within the Southern-gu Incheon Metropolitan City ro 187 Secondhand Sales Complex, and caused B to have a false statement.

Therefore, the Defendant had B make a false statement to B, “I have driven a house at home” to the Seoul Southern Police Station guard and the superintendent of the police station belonging to G, as described in Section 2 below.

As a result, the defendant instigated B to escape a person who commits a crime corresponding to a fine or heavier punishment.

2. Defendant B, around 05:50 on June 29, 2017, was well aware of the fact that Defendant A was driven by drinking alcohol in front of the Incheon Southern-gu, Incheon, but, on July 26, 2017, Defendant B appeared in the Seoul Southern-gu Police Station G of the Incheon Southern-gu Police Station and made a false statement to Defendant B to the police officer of the Incheon Southern-gu Police Station G of the Seoul Southern-gu Police Station that “A person was driven by home” and actively made a false statement to the investigation agency to escape the offender.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement against Defendant B

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