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(영문) 인천지방법원 부천지원 2015.10.12 2015고단2420
도로교통법위반(음주운전)등
Text

Defendant

A shall be punished by imprisonment with prison labor of six months, and by a fine of one million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. At around 00:20 on June 17, 2015, the Defendant driven a C Spo-type car under the influence of alcohol content of about 5 km from the front road of the deep-gu, Seocheon-si, Seocheon-si to the 312-7 front road of the Yacheon-gu, Yacheon-si, Yacheon-si, Yacheon-si, the Defendant driven a car with a alcohol content of about 0.191% under the influence of alcohol content.

B. On June 28, 2015, the Defendant received 112 reports, and received a request for a alcohol test from the police station guard and the police station guard D, and received a drinking test from the latter, and thereafter, the Defendant asked B, who was the latter, to “finitely finite finite finite finite finite finite finite finite finite finite finite finite finite finite.” On June 28, 2015, the Defendant instigated the Defendant to commit the crime by making a false statement to the police officer E who was investigating the

2. Defendant B, upon A’s request and even though he was well aware of the fact that A was driven under influence of alcohol, the Defendant made a false statement to B at the transportation investigation office of the Bupyeong-gu Police Station around June 28, 2015 that he/she was driving under the investigation, thereby allowing A, who is an offender, to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a blood alcohol appraisal report and a report on detection of a drinking driver;

1. Relevant legal provisions and defendant A who has the choice of punishment for the crime: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the main driving point, the choice of imprisonment), Article 151 (1) of the Criminal Act, Article 31 (1) of the Criminal Act (the occupation of aiding and abetting delivery of a person, the choice of imprisonment): Article 151 (1) of the Criminal Act, the choice of fines;

2. Aggravated concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

3. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

4. Defendant A who is under a suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances):

5. Defendant B. The provisional payment order

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