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(영문) 대전지방법원 2015.11.11 2015노92
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, including the statement of M in the summary of the grounds for appeal, the court below found the Defendants not guilty of the charges of this case, but erred in the misapprehension of legal principles.

2. Summary of the facts charged in this case

A. Defendant A1) On January 21, 2014, the Defendant was under the influence of alcohol 0.071% in blood alcohol level, and around 17:00, the Defendant driven a F Fextonton car from the branch office of Korea Cadastral Corporation E in Chungcheongnam-nam D to the external intersection located in Chungcheongnam-gun outside of the budget of Chungcheongnam-gun, and up to approximately 3km to the external intersection. (2) The Defendant attempted to conceal the fact that the Defendant driven a drunk driving as above, the Defendant asked the police officer, who is an employee of the Korea Cadastral Corporation E branch office of Korea Cadastral Corporation in which the Defendant works as the head of the branch office, to make a false statement. (3) On the other hand, the Defendant asked the police officer, who is the employee of the Korea Cadastral Corporation E branch office, to have the Defendant drive the said vehicle.

As a result, B made a false statement to the police officer of the budget police station G District in the front of the border, who was called to the front of the border, to the effect that H was driving the said car, and on the same day, B made a written statement to the effect that H was driving the said car in the G District located in the Chungcheongnam-nam Budget Unit I, and submitted it to the police officer whose name is not known.

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

B. Defendant B, at around 17:40 on January 21, 2014, the Defendant: (a) was asked by the police officer assigned to the G District Unit G District in the budget police station to ask him whether the Defendant driven a F Fschton car, although he was not in the absence of the fact that the Defendant driven a motor vehicle in the way other than Fsch Rexton, and (b) made a false statement by the Defendant according to the above A’s teacher; (c) prepared a written statement to the same effect in G District Unit located in the budget unit I located in the Chungcheongnamnam-gun on the same day, and submitted it to the police officer whose name is unknown; and (d) prepared a written statement to the same effect on the

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