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(영문) 창원지방법원 2018.11.01 2018고단2114
도로교통법위반(음주운전)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. On December 10, 2010, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, a crime of violating the Road Traffic Act, a crime of violating the Road Traffic Act, a crime of violating the said Act, a crime of violating the said Act, and a crime of violating the Road Traffic Act at the Changwon District Court on January 12, 2015, and a crime of violating the Road Traffic Act (driving).

On June 6, 2018, at around 04:30, the Defendant driven the E K 7 car under the influence of alcohol content of approximately 0.107% in blood, from the section of about 10 km from the Do stations located in the Da stations in the Chang-si, Changwon-si to the road front of the D stations located in the Chang-si, Changwon-si, Seoul Special Metropolitan City.

B. On June 6, 2018, the Defendant: (a) had been aware of a police officer’s meeting to avoid suffering from drinking alcohol on the road while driving under the influence of alcohol at a D gas station located in the Gu, Jinari-si, Jinari-si; (b) had the Defendant, as stated in the foregoing paragraph (a) and had the Defendant take a drinking test; and (c) had the police officer take a drinking test on the road while driving under the influence of alcohol; and (d) had the Defendant got the driver to be punished for driving under the influence of alcohol, the Defendant called the Defendant to B and used the phone to “A while driving under the influence of alcohol.”

D, there was no witness and no CCTV, and caused B to make a false statement.

Therefore, on June 6, 2018, B prepared and submitted a written statement that he/she driven the said K7 car at the G police box located in the Gu F, Changwon-si, Gowon-si, Seoul Special Self-Governing Province.

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

2. Although Defendant B had not driven the said K7 vehicle as set forth in Section 1-B around 05:50 on June 6, 2018, the Defendant was driving the said K7 vehicle according to the above teachers, even though the Defendant had not driven the said K7 vehicle as set forth in the foregoing Section 1-B.

A false statement was made.

Accordingly, the defendant, who committed a crime corresponding to a fine or heavier punishment, shall escape from the above A.

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