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(영문) 서울중앙지방법원 2016.04.06 2016고단416
도로교통법위반(음주측정거부)등
Text

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

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On October 28, 2015, the Defendant was driving under the influence of alcohol in front of the F apartment apartment in Gangnam-gu Seoul, Seoul, on the street around October 23:25, and under the influence of alcohol, the Defendant was driving under the influence of alcohol, such as inafluencing from the border of the Seoul Suwon Police Station G at the Seoul Suwon Police Station G with an inaccurate and inaccurate face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

Nevertheless, the Defendant refused to take a drinking test without justifiable grounds.

B. On October 29, 2015, around 01:20 on October 29, 2015, the Defendant also caused an accident while driving a vehicle at the J District District of the Seoul Suwon Police Station located in Gangnam-gu Seoul, Seoul, and to B, an acting driver to conceal the fact that the Defendant had driven a drinking.

By asking for statements, B made a false confession.

Therefore, the Defendant made a false statement to the effect that, around 02:06 on the same day, B had a police officer who could not know his/her name at the K Department Office of the Seoul Suwon Police Station, he/she was in contact with B while driving.

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

2. Defendant B is a person who, prior to the accident place, drives a passenger car owned by Defendant A by proxy until the accident place.

A around October 28, 2015, around 22:25, around 2015, operated the said car under the influence of alcohol while under the influence of alcohol in front of the Gangnam-gu Seoul apartment.

Although the Defendant was aware of the fact that the Defendant committed a crime of violating the Road Traffic Act due to drinking driving, the Defendant made a false statement to the effect that, around October 29, 2015, a police officer, whose name cannot be known at the Seoul Suwon Office of Police Station (KK Office of Police Station) made a false statement to the effect that he/she had contacted the police officer while driving a vehicle while having contacted him/her.

Accordingly, the defendant had a person who committed a crime corresponding to a fine or heavier punishment escape.

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