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(영문) 서울동부지방법원 2017.08.17 2017고단1729
도로교통법위반(음주운전)등
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On April 23, 2017, the Defendant was under the influence of alcohol level of 0.150% in blood on April 23, 2017, the Defendant driven a CAS vehicle at 200 meters from the front of the parking lot in Seoul Songpa-ro 36-11 to the front road of the Seoul Songpa-ro 34-ro 62 Ga-ro 34-ro, Songpa-gu, Seoul.

B. On May 4, 2017, around 18:30 of Songpa-gu Seoul, the Defendant was at risk of being aware of driving of the pertinent car while driving the vehicle under drinking, as described in the above paragraph (a), and the Defendant was at risk of being aware of his driving of the said vehicle despite driving the vehicle under drinking as described in the above paragraph (a), and the Defendant asked the police officer to have the vehicle driven the said vehicle and asked him to make a false statement to B.

Therefore, at around 19:54 of the same day, B prepared a false statement to the above police station D and the police officer F under the investigation of the above drinking driving case at the above police station D and E team office, and made a false statement to the effect that “A person has driven the above vehicle.” On the same day, around 20:30 of the same month, B made a false statement to the above purport as to the examination of the police officer F at the same place. On the same day, at around 21:01, B made a false statement to the same effect as above.

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

2. On May 4, 2017, the Defendant: (a) received the Defendant’s request from the Nonparty A to the same purport as the Defendant’s No. 1-B prior to the set of the police station in Songpa-gu, Songpa-gu, Seoul at around 18:30, and consented thereto; and (b) the Defendant did not drive the Defendant’s Category C-B vehicle at around 19:54 on the same day, the Defendant entered the said police station D and the police officer affiliated with the said police station D under the investigation of the foregoing drinking case at around 19:54 on the same day.

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