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(영문) 서울북부지방법원 2014.10.14 2014고단2961
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 23, 2007, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Incheon District Court’s Incheon District Court on June 30, 2008, a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on June 30, 2008, and a fine of two million won as a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court on August 28, 2009, respectively.

On June 9, 2014, at around 20:45, the Defendant driven a Cro-made car under the influence of alcohol content of about 0.072% at the section of about 3.5km from the upstream of the upper salary market located in the west-gu Seoul Metropolitan Government, to the new ICT located in the 715-ro, Jung-gu, Seoul.

As a result, the Defendant, who violated the prohibition of drunk driving at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. As stated in Paragraph 1, the Defendant: (a) when driving a car in body C while under the influence of alcohol and was discovered to the police officer, the Defendant: (b) driven the vehicle in question to D, who was known to the police officer, before drinking driving, etc., and became aware of it in the society; and (c) caused the police officer to make a false statement by requesting the police officer to make a statement; and (d) let D make a false statement.

Therefore, the Defendant made D false statements to D, a police officer in charge of the above police station, who investigated the above drinking driving at the traffic survey department office of the Seoul Southern Police Station located in 40-10, a three-lane Seoul New District, around July 12, 2014, that D used the above drinking driving.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Written statements of the defendant;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of the report on detection of a host driver.

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