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(영문) 서울동부지방법원 2013.04.09 2013고단331
도로교통법위반(음주운전)등
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

가. 피고인은 2012. 10. 23. 23:50경 혈중알콜농도 0.126%의 술에 취한 상태로, 서울 강동구 암사동 413 소재 ‘프라이어팰리스’ 아파트 지하2층 주차장에서부터 같은 아파트 지상 주차장 출입구 앞에 이르기까지 약 30m 구간에서 C K7 승용차를 운전하였다.

B. On October 25, 2012, at around 10:30 on October 25, 2012, the Defendant: (a) stated that the Defendant driven the said vehicle at the E-middle School Administrative Office located in Gangdong-gu Seoul Metropolitan Government D, and had Co-Defendant B make a false statement to the effect that the Defendant driven the said vehicle; and (b) caused B to escape a person who committed an offense equivalent to a fine or heavier punishment by making a false statement to the assistantF belonging to the said police station located in Gangdong-gu Seoul Metropolitan Government on November 19:30 on November 7, 2012.

2. Defendant B: around November 19:30 on November 7, 2012, at the transportation investigation team office of the Seoul Gangseo-gu Police Station, and the facts are as set forth in Defendant B’s Article 1-A.

Although there was no fact of driving as stated in the paragraph, the above case was made by making a false statement to the assistant F who is investigating the above case according to the teacher of the above defendant A as if the defendant was driving, so that A who commits a crime corresponding to a fine or heavier punishment has been escapeed.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the police statement concerning G;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, circumstantial statements made by drinking drivers, reports on detection of drinking drivers, data to be measured for drinking, and application of respective Acts and subordinate statutes to such reports;

1. Relevant Article of the Criminal Act and Article 151(1) and Article 31(1) of the Criminal Act, and Articles 148-2(2)2 and 44(1)2 of the Road Traffic Act, Defendant 2: Article 151(1) of the Criminal Act;

1. Defendant 1 among concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;

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