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(영문) 서울동부지방법원 2014.10.15 2014고단2779
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. A. Around July 16, 2014, the Defendant was driving a vehicle C in the state of alcohol with a blood alcohol concentration of 0.061% 0.061% on the road 61-1, as the Gangdong-gu Seoul Metropolitan Government Yang Jae-gu, Gangdong-gu around 02:53.

B. The Defendant sent a text message to the effect that he was driven by the police officer from around 02:56 to 05:07 on the same day, which the Defendant had the police officer called from around 02:56 to around 05:07, and the Defendant had B make a false confession by sending a text message to the effect that he was driven by the Defendant at the above drinking place, the Dongdaemun Police Station guard, the traffic survey center, etc.

Therefore, at around 05:30 on the same day, the Defendant asserted that B had the Defendant under the influence of alcohol from the Gangnam Police Station Guard D to the Defendant’s office in a passenger car, and prepared a written statement to the same effect.

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

2. At around 05:30 on July 16, 2014, Defendant B asked questions as to who had been driven by guard and transport of the Seoul Gangnam Police Station, and the traffic survey at the office, and made a written statement to the same effect that he was driven by A according to A according to A’s teacher’s teacher, who was under the influence of alcohol and went to A’s house collection.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Defendant B’s written statement

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 148-2(2)3 and 44(1) of the Road Traffic Act, Articles 151(1) and 31(1) of the Criminal Act, and the choice of imprisonment, respectively;

B. Defendant B: Criminal Act.

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