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(영문) 수원지방법원 2018.04.24 2018고단229
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who has violated Article 44(1) of the Road Traffic Act, such as driving of a motor vehicle under the influence of alcohol on December 31, 201 (the issuance of a summary order of a fine of KRW 5 million at the Changwon District Court on February 6, 2012) and driving of a motor vehicle under the influence of alcohol on May 5, 2015 (the issuance of a summary order of KRW 8 million at the Suwon District Court on July 1, 2015).

Nevertheless, on December 3, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on December 3, 2017, drive Cschtonton motor vehicle at the 7km section of approximately 7 km in the south-gu, Namyang-ro, Namyang-ro, Nam-ro, 697, in the state of 0.10% alcohol concentration in the blood.

2. On December 4, 2017, the Defendant, even a criminal, was driving a female on the part of the Defendant’s house located in the G in the G in terms of harmony on December 4, 2017, to E, who is his spouse, to conceal the fact of drinking or unlicensed driving, such as paragraph 1.

By asking statements, E made a false confession. The E made a false confession.

Thus, the above E made a false statement to the effect that he driven a motor vehicle at the time and place specified in paragraph (1) in the Gyeonggi Seodong Police Station's 570 Gyeonggi-do, Namyang-do, Namyang-do, Namyang-do, the same day, and the F Team office at the F Team office.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A written statement of I;

1. A survey report on actual condition and an accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Investigation report (No. 17 No. 5 of the evidence list);

1. The driver's license ledger;

1. Video CDs;

1. Family relation certificate;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of drinking records on a suspect) statute;

1. The Road Traffic Act applicable to criminal facts;

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