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(영문) 수원지방법원 평택지원 2013.04.24 2012고합373
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 01:45 on June 13, 2012, the Defendant driven a CFD car while under the influence of alcohol content of 0.218% from the front of the Parka Hospital located in Pyeongtaek-si-dong to the front of the court located in Pyeongtaek-dong in Pyeongtaek-si.

2. On June 16, 2012, around 15:14, 2012, the Defendant: (a) asked D, who is a working partner, to conceal the fact that the Defendant was driving under drinking; (b) sent text messages to D, thereby allowing D to make a false statement.

On June 20, 2012, the Defendant had D state that her female was driving at the Pyeongtaek Police Station, and instigated her criminal escape.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to screen pictures by each host driver, a report on the timely statement of his/her driver, on-site photographs, and CCTV closure;

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 151 (1) and 31 (1) of the Criminal Act (the point of a person who assists in delivery of a criminal), the selection of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime that the Defendant driven a vehicle while under the influence of alcohol of 0.218%, and abetted D to make a false statement to an investigation agency in order to conceal his/her criminal act. The Defendant’s principal reading level is severe trigrams, and the crime of escape like this case is a crime that interferes with the state’s criminal justice by making it difficult to discover substantial truth, and its nature is not somewhat weak.

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