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(영문) 서울서부지방법원 2016.04.05 2016고단264
도로교통법위반(음주운전)등
Text

1. Defendant A shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

1. Defendant A

A. On August 31, 2007, the Defendant issued a summary order of KRW 1,00,000 by the Seoul Western District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on January 15, 2010, the Seoul Western District Court issued a summary order of KRW 2,50,000,00,000, respectively, for a violation of the Road Traffic Act (drinking driving) at the Seoul Western District Court.

On November 23, 2015, the Defendant driven a eenz car at approximately 1 km from the roads near the Gambton hotel located in Yongsan-gu, Yongsan-gu, Seoul to the roads around the Han River located in 73 as the Green of Yongsan-gu, Yongsan-gu, Seoul, at around 04:0% alcohol level among blood transfusion around 04:00.144%.

B. The Defendant, like the above paragraph A, operated a benz car in the state of Jeju, and operated 73 roads in accordance with the Green line of Yongsan-gu Seoul Metropolitan Government, as the Green line of Yongsan-gu, with four-lanes from the distribution intersection to the distribution intersection, stated the separate boundary line of the bicycle lane as the "use of bicycle exclusive road" in the bill of the separate boundary of the bicycle lane. However, it appears to be a clerical error in the "section of the separate boundary of the bicycle lane".

B made a false statement to the police officer in charge two times as referred to in paragraph (2) by asking to B on November 23, 2015, in order to avoid the detection of the fact of driving alcohol, on November 23, 2015, in order to avoid the occurrence of an accident shocking with the left side of the Defendant driver’s vehicle, B made a false statement by asking to B for a false confession.

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

2. On November 23, 2015, the Defendant: (a) received a request from A, as referred to in paragraph (1), even though he did not have caused an accident while driving alcohol at around 73 in the Yongsan-gu Seoul Metropolitan Government as of November 23, 2015; and (b) around that time, the Defendant written the written indictment for 25-1, Yongsan-gu, Yongsan-gu, Seoul, as the “General Advertisement 25-1,” but (c) was written as the “General Advertisement 25.

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