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(영문) 대구지방법원 포항지원 2013.10.31 2013고단876
도로교통법위반(음주운전)등
Text

1. Defendant A shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

Defendant

A was sentenced to a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on August 2, 2010, and a fine of KRW 2 million as the same crime in the same court on November 1, 201.

1. On May 28, 2013, Defendant A, without a vehicle driver’s license, driven a Karen car from the front day of the restaurant in front of the restaurant in front of the city-dong moving at port at port to the front road of the youth in front of the youth in the city-dong, in the same city-dong, while under the influence of alcohol of 0.105% of blood alcohol content without a vehicle driver’s license.

2. Defendant B was urged by F, who was aware of the usual level around 23:54 on May 28, 2013, the Defendant: (a) was urged by F, as described in the foregoing paragraph (1), to have a false statement to the effect that he/she was driving on behalf of the said A; (b) was walking away from the scene where he/she was about to be discovered while driving a drinking or unlicensed driving; and (c) was arrested again, he/she was urged to make a false statement to the effect that he/she was driving on behalf of the said A; and (d) was present at the transportation survey office of the Korea Coast Guard Station at the Posi-dong, Seodong-gu, Seodong-gu, Chungcheongnam-gu, Busan; (b) on May 28, 2013, the Defendant 23:41, 2013, who driven a E car siren to G, a police officer assigned to the investigating police officer on May 28, 2013.

A false statement was made to the effect that it is "...."

As a result, the Defendant made a false statement with knowledge of the fact that the above A committed a crime corresponding to a fine or heavier punishment, thereby allowing the criminal to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (Attachment to a summary order of the same kind of power);

1. Article applicable to criminal facts;

(a) Defendant A: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of a without a license driving);

B. Defendant B: Article 151(1) of the Criminal Act

1. Trade name;

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