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(영문) 서울중앙지방법원 2013.05.23 2013노1134
도로교통법위반(음주운전)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A1) On July 10, 2012, under the influence of alcohol at around 01:40%, the Defendant was under the influence of alcohol at around 01:145%, and the Defendant was driving an Iingcon vehicle at approximately 1 km from the road before the “G” main point in Gangnam-gu Seoul Metropolitan Government, to the H apartment parking lot. (2) On July 10, 2012, the Defendant was under the control of causing contact with J’s vehicle during drunk driving, and was under the control of criminal punishment, around July 10, 2012, the Defendant was present at the police station in Gangnam-gu Seoul, Seoul, and made the Defendant appear at the police station to be a criminal, thereby inducing the Defendant to be a criminal, and the Defendant had the Defendant appear at his/her own discretion, leading the Defendant to a traffic accident at around 10:38, 201, and led the Seoul Gangnam-gu Police station to arbitrarily investigate the traffic accident and submit it to him/her.

B. Defendant B knew of the fact that the above Defendant committed a crime corresponding to a fine or heavier punishment as seen above, but around 03:35 July 10, 2012, at the Gangnam Police Station located in Gangnam-gu, Gangnam-gu, Seoul, the Gangnam Police Station that was investigating the said case, made a false statement that he/she driven the said a motor vehicle by driving the said motor vehicle on his/her own, and caused the criminal to escape.

2. In full view of the following circumstances acknowledged by the records of the judgment of the court below, since the evidence submitted by the prosecutor alone is insufficient to recognize that Defendant A was a drunk driver, each of the facts charged in this case on the premise that Defendant A was a drunk driver constitutes a case where there is no proof of a crime.

Defendant

A. A.

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