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(영문) 대구지방법원서부지원 2020.08.21 2019고단3314
도로교통법위반(음주운전)등
Text

Defendant

A The defendant shall be punished by imprisonment for two years.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. Defendant A received a summary order of KRW 700,000 from the Daegu District Court and its branch court on June 18, 2007 to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (driving) in the Daegu District Court and its branch court on June 5, 2009 to a fine of KRW 2 million as a crime of violating the Road Traffic Act (driving).

On October 22, 2019, at around 20:50, the Defendant driven a car with the body of G strawing G at about 0.056% of alcohol concentration on the front side of the D cafeteria in Daegu-gu, Seogu, Daegu-gu, about 8km from the front of the D cafeteria to the road of Daegu-gu E apartment Fdong.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

B. On October 26, 2019, the Defendant: (a) caused a traffic accident while driving under the influence of alcohol; (b) caused the occurrence of a traffic accident; and (c) caused B to the effect that “the occurrence of an accident in the course of driving under the influence of alcohol is different from that of driving under the influence of alcohol; and (d) caused B to make a false statement that he/she caused an accident while driving under the influence of alcohol.”

On October 29, 2019, around 19:32, the Defendant had B attend the Daegu Han Police Station’s Office, the Daegu Hank Police Station’s Office, and the Transport Investigation Team’s Office, which was located in Seogu, Daegu 55, Seosan-gu, Daegu 2019, and made a statement to the effect that “the Defendant was driving on behalf of the Defendant, while driving, caused an accident.”

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

2. On October 26, 2019, Defendant B received a request from A to the effect that “the Defendant would cause an accident while driving a motor vehicle on behalf of Nega,” at a place where it is not known that he/she would have caused an accident, and he/she made a false statement that he/she would have caused an accident.”

On October 29, 2019, the Defendant was in the 55-ro, Seogu, Seogu, Daegu around 19:32.

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