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(영문) 대전지방법원 홍성지원 2018.07.11 2018고단179
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

On July 9, 2007, Defendant A received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Sungnam branch support on July 9, 2007, and a summary order of KRW 4 million for the same crime in the same court on March 16, 2016, respectively.

Criminal facts

1. Defendant A

A. On October 21, 2017, the Defendant, who violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving) had been punished for drinking more than twice, but, on the other hand, the Defendant driven an I car free car under the influence of alcohol content of about 0.237% during blood without obtaining a driver’s license from the front day of F in Chungcheongnam-gun budget-gun on October 21, 201 to the front day of the Hanam Budget-gun.

B. On October 21, 2017, the Defendant: (a) while driving a vehicle under the influence of alcohol as seen above on October 201, 2017, the Defendant: (b) was unlikely to drive a MF5 car parked on the road; (c) asked B to make a statement to be a driver of the said car rental car; and (d) requested B to make a statement to the police officer dispatched to the scene of the accident, the Defendant stated B as B who caused the traffic accident.

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

A. The Defendant also stated that the police officer sent to the site upon A’s request, who caused the traffic accident, was the driver who caused the traffic accident at the time and place specified in Article 1-2(b), and that the police officer was the driver who caused the traffic accident.

Accordingly, the defendant, who committed a crime corresponding to a fine or heavier punishment, was allowed to escape.

B. The Defendant violated the Special Act on the Prevention of Insurance Fraud caused an accident to a staff member in charge of the receipt of the insured incident by the victim J Co., Ltd., in the date, time, place, etc. set forth in Article 1(b). As such, the repair cost is the cost.

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