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(영문) 부산지방법원 서부지원 2018.01.15 2017고정364
도로교통법위반(음주운전)등
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Defendant shall be punished by a fine of five million won.

Where the defendant fails to pay the above fine, 50 days shall be applied.

Reasons

Criminal facts

1. Around 05:02 on July 1, 2017, the Defendant violated the Road Traffic Act (drinking) driving a vehicle with alcohol content of at least 0.130% during blood while under the influence of alcohol at approximately 5km from the parking lot to the bottom of the entrance of the apartment of the Dong-dong apartment at the same time.

2. On July 11, 2017, the Defendant was present at the police station around July 1, 201, and C, other than the Defendant, was driving as described in paragraph (1).

The statements were stated and stated.

C On July 12, 2017, at around 20:44, at the office of the Busan Northern Police Station D, driving the Defendant’s vehicle to a slope E who is investigating the Defendant’s drinking case at the office of the Busan Northern Police Station D office.

A false statement was made.

As a result, the defendant instigated a person who commits a crime corresponding to a fine or heavier punishment to escape.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against C;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of fines), Articles 151 (1) and 31 (1) of the Criminal Act concerning the crime (the occupation of aiding and abetting an offender and the selection of fines) of the relevant law, Articles 148-2 (2) 2, and 44 (1) of the same Act;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of Road Traffic Act, with heavier punishment, shall be aggravated);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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