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(영문) 부산지방법원 2013.12.17 2013고단7310
도로교통법위반(음주운전)등
Text

Defendant

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

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On May 7, 2013, at around 03:48, the Defendant driven a car in the Eco column under the influence of alcohol level of about 0.175% from the 3km section from the Dnonobya bank located in Jin-si, Changwon-si C to the front road of the Kwon Oil station located in Busan Gangseo-gu, Busan.

B. The Defendant: (a) around May 7, 2013, the Defendant: (b) stated that “In order to conceal the fact that the Defendant driven a motor vehicle at a fluence room located in the Seocho-gu, Changwon-si; (c) Party B, a female living together, “I am on the fluence of the police; (d) I am on May 29, 2013; and (e) caused Party B, a female living together, who consented thereto, to this effect, to have the Defendant make a false statement as if the person driven the motor vehicle at the time and place in the office of the transportation investigation team of Gangseo-gu, Busan, Gangseo-gu, Busan, and caused Party B to commit an offense.

2. On May 29, 2013, the Defendant: (a) received the above request from the Defendant A and accepted it; (b) around May 17, 2013, the Defendant: (c) prepared a false statement to the Assistant F, a police officer in charge at the traffic investigation team office of the Gangseo Police Station; and (d) submitted it to the Defendant as if the Defendant driven the said vehicle, thereby allowing the Defendant A

Summary of Evidence

1. Defendants’ legal statement

1. Defendant B’s written statement

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article applicable to criminal facts;

(a) Defendant A: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 151 (1) and 31 (1) of the Criminal Act (the point of a hand-on teacher);

B. Defendant B: Article 151(1) of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (including the fact that an error is divided, etc.);

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. The order of provisional payment;

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