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(영문) 서울동부지방법원 2017.02.03 2016고단1695 (1)
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B around 02:20 on March 10, 2016, while driving DMW car under the influence of alcohol from around 2km to around 0.058% in the 2km section of the road in Gangdong-gu Seoul Metropolitan Government, from around 02:20, to the front of the road in front of Songpa-gu Seoul, it decided that “I cannot move off to the police officer in the state of drinking, so I would like to have the Defendant make the Defendant make a false confession by advertising the telegraph who had been located in the front of Songpa-gu Seoul Metropolitan Government, and let the Defendant make a false confession.”

Thus, the Defendant did not drive the said car at the above time and place under the influence of alcohol, but was asked by E police officers at the above site of the accident, and the Defendant was driving according to the above B’s teacher.

A false statement was made, around 04:00 on the same day, and a false statement on the occurrence of traffic accidents was made to the effect that he/she was driven by the Transport and F-related Office of the Songpa Police Station in 221 as Seoul Songpa-gu.

As a result, the defendant got the criminal defendant to escape B who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Statement B in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes governing the current state of traffic accidents, written statements and drinking record books;

1. Relevant legal provisions for criminal facts, Article 151(1) of the Criminal Act for the selection of punishment, and Article 151(1) of the Criminal Act for the selection of fines (even though the nature of a crime is not minor, it does not immediately lead to any particular divorce in criminal investigation by the defendant who voluntarily led to the confession of a crime at the beginning investigation stage by the police, there are some reasons to take into account the motive for the crime, and there are no grounds to regard the defendant as somewhat as a motive for the crime,

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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