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(영문) 전주지방법원 2018.09.04 2018고단1568
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 23, 2018, the Defendant: (a) driven a fK 3 car under the influence of alcohol with a alcohol content of 0.200% from the D cafeteria in the front of the D cafeteria in the Yan-gu Seoul Special Metropolitan City to the eth of the same Gu from around 350 meters away from the 350-meter section to the eth of the same Gu.

2. On April 2018, the Defendant, while driving a vehicle while under the influence of alcohol as set forth in paragraph 1, had a HM6 vehicle driven by G and concealed the fact. Around the end of the week prior to the end of April, 2018, the Defendant: (a) asked Linna to make a statement as if he/she was the driver of the vehicle driving on his/her behalf; and (b) asked Linna to make a false confession.

As such, the Defendant appeared to J on May 15, 2018 at the Seoul Special Metropolitan City Police Station and the K Office located in the 66th Special Metropolitan City Police Station and the Ha Office located in the United Metropolitan City Police Station and the Ha Office in the investigation of the said traffic accident, the Defendant made a false statement to LW to the effect that he is a driver of the vehicle who caused the said traffic accident.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Consent letter of blood collection;

1. A written appraisal of alcohol during blood;

1. Each statement protocol (G, M);

1. Application of Acts and subordinate statutes to the police interrogation protocol to J;

1. Relevant Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Articles 151 (1) and 31 (1) of the Criminal Act (the point of driving alcohol), and the choice of imprisonment for each crime;

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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the Defendant, despite having been punished for driving under drinking, was engaged in driving under drinking, and the alcohol concentration in blood is also high.

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