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(영문) 대구지방법원 2014.03.20 2014고단558
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of two thousand won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On January 11, 2013, at around 10:50, the Defendant driven a D non-motoring car under the influence of alcohol content of about 0.105% in a section of about 300 meters from the village of soft Village located in the Gyeongdong-gu, Gyeongcheon-gun, Gyeongcheon-gun to the cart parking lot located in the same line.

B. When the Defendant was discovered to the police officer in front of the above Cart parking lot on a temporary basis, the Defendant was willing to make him make a false confession as if he driven the vehicle by requesting B, who was boarding the said vehicle, in order to conceal the fact of drinking driving.

On January 11, 2014, the Defendant made a false statement to the police officer who was driven by B in the above parking lot on the following grounds: (a) on January 11, 2014, the Defendant made a false statement to the effect that B was driven by B; and (b) on the purport that B was “the defect that B driven by a large number of drunk driving offenses.”

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

2. On January 11, 2014, Defendant B made a false statement that the Defendant driven the said vehicle in accordance with the teachers’ provision of A, who was asked of whether the Defendant driven a vehicle under paragraph (1) at the above parking lot, although the Defendant had not driven the vehicle under paragraph (1), was asked by the control police officer.

Accordingly, the defendant, who committed a crime corresponding to a fine or heavier punishment, was allowed to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Notification of the results of the regulation of drinking driving, and the circumstantial report of drinking drivers (No. 10 pages of investigation records);

1. Investigation report (the calculation, etc. of the suspect A blood alcohol concentration mark) and the Ba mark automatic calculation formula;

1. Application of Acts and subordinate statutes to a report on detection of a host driver, and a circumstantial report of a host driver (investigative records No. 52 pages);

1. Article 148-2 (2) 2 of the Road Traffic Act and subparagraph A of the decision of punishment for the crime:

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