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(영문) 수원지방법원 성남지원 2013.05.16 2013고단695
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 17, 2012, the Defendant, while under the influence of alcohol on the blood alcohol concentration of 0.147% on March 23:29, 2012, driven B truck in the section of approximately 5km from the 0.147% on the roads of the original city of Gwangju to the 3rd village Eup guardian apartment, and the road behind the Si-Eup, the Defendant driven B truck in the section of approximately 5km.

2. On March 18, 2012, around 00:16, the Defendant stated that the Defendant was driven by D in the street in front of the Gwangju metropolitan City, Gwangju metropolitan City, as set forth in paragraph (1), and asked D, who tried to conceal the driving under the influence of alcohol as set forth in paragraph (1), to make sure that D had the Defendant make a false confession.

Therefore, the Defendant made a false statement to the purport that D was driven by D to the head of the police station belonging to the said C District E around that time, and made a false statement to the effect that D was driven by D from the Gwangju police station guard and the traffic survey team office located in Gwangju-ro around April 3, 2012.

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

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Each police statement concerning D;

1. The prosecutor's statement concerning D;

1. G statements;

1. A report on detection of a host driver;

1. A criminal investigation report (the date of December 6, 2012), an investigation report (the report on the result of execution of a written permission to request the provision of data verifying communications);

112 Application of Acts and subordinate statutes of the 112 List of Receipt of Criminal Reports;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc., of community service and lectures;

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