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(영문) 서울서부지방법원 2013.09.12 2013고단1452
도로교통법위반(음주운전)등
Text

1. The defendant A shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

3.

Reasons

Punishment of the crime

1. Defendant A is a person who has been punished twice or more due to drinking driving, etc.

On December 1, 2012, at around 00:10 on December 1, 2012, the Defendant driven a vehicle of 2 km FM5 km from the vicinity of the Yongsan-gu Seoul Metropolitan City House to the 1113 Won-ro 4, while under the influence of alcohol by 0.103 percent of the blood alcohol concentration without a driver's license.

B. When the Defendant was discovered on the roads under the above temporary border due to the crime of violation of the Road Traffic Act (driving a sound driving) on the roads under the above temporary border, the Defendant: (a) sent the patrol vehicle to the workplace guard B, who was on the said vehicle while boarding the patrol vehicle, and caused the investigation after having arrived at the Seoul Yongsan Police Station, and (b) asked the above B to the effect as above.

After that, at around 00:50 on December 1, 2012, the above B made a false statement to the traffic survey assistant G of the Seoul Yongsan Police Station that “A was driven by a non-A” upon the Defendant’s request, even though the Defendant was aware that the Defendant committed an offense subject to a fine or heavier punishment due to drunk driving.

Accordingly, the defendant instigated B to escape the defendant who is an offender.

2. Defendant B, at around 00:50 on December 1, 2012, at the Seoul Yongsan Police Station Traffic Investigation Office, the Defendant made a false statement that “A was driven by a non-A,” upon A’s request, even though he was aware that the Defendant committed a crime corresponding to a fine or heavier punishment due to drunk driving.”

Accordingly, the defendant allowed A to escape as an offender.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written report from an employee of an employer;

1. Statement of the police statement related H;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc.;

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