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(영문) 광주지방법원 2016.05.12 2016고단763
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 24, 2016, the Defendant driven a B Belgium car with approximately 200 meters alcohol concentration of 0.088% in blood transfusion without a driver’s license, from the main point of “east” located in the Seo-gu, Seo-gu, Gwangju to the “CGV film center” located in the same viewing route from the main point of “east” to the front road of “CGV film center” located in the same Gu, Seo-gu, Gwangju.

2. The Defendant, at the time, at the time and place specified in Paragraph 1, should be punished for traffic accidents while driving a Belgium B car at the same time and place, and thus, the Defendant asked the Defendant, “I would like to be punished for drinking and driving without a license, so I would like to request the Defendant to the police officer dispatched to C to “I would be able to drive a car by drinking. I would like to cause the Defendant to drive a car by drinking and driving without a license. I would like to request the Defendant to do so.”

The statement was made in mind.

Therefore, C was driven by oneself to the slope D and the Inspector E belonging to the Standing District of the Gwangju Western Police Station, which was called after receiving the report of the above traffic accident.

A false statement was made.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A report on detection of a driver at the main place of business and a report on internal investigation (or the mark above);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to investigation reports (verification of the situation at the time of crackdown on the other party of a police officer responsible for initial measures);

1. Article 151(1), Article 31(1) (a) (a) of the Criminal Act related to the crime; Article 148-2(2)3, and Article 44(1) (a) of the Road Traffic Act; Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing Article 62-2 of the Criminal Act.

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