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(영문) 청주지방법원 2018.05.10 2017고단2127
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On April 27, 2017, the Defendant violated the Road Traffic Act (drinking) driven a 2 km car from the front day of the jun-gu, Seog-gu, Seog-gu, Seog-gu, Seogwon-gu to the road under the influence of alcohol content of 0.135% in alcohol during blood on April 27, 2017.

2. On April 27, 2017, the Defendant was on board a car with the foregoing car when the Defendant drives a car with the foregoing 1. When he/she drives a car as stated in the foregoing 1. The Defendant was on board in the Gowon-gu E 5th class of Gowon-gu, Seowon-gu, Cheongju-si around 14:00.

F upon the request of F to “I would like to make a false statement that F would have been driven by F, not by the defendant, at the time of undergoing an investigation by the police in relation to the above drinking driving,” and the above F shall be investigated by the suspect at the police station cost and the G Team office on April 28, 2017, around 11:11, 201, the F shall be investigated by the suspect at the police station cost and at the G Team office and drive the FI, not by the defendant, at the time of driving under the above paragraph 1.

“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 examination of suspect concerning F by the prosecution;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Articles 151 (1) and 31 (1) of the Criminal Act (the point of driving alcohol), and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Sentencing criteria;

(a) A teacher who commits an offense of aiding and abetting an offender [the scope of a recommended punishment] and a teacher who commits an offense of aiding and abetting an offender in the aggravated area (8 months to 2 years) (a person who has been specially increased] (a teacher who commits an offense of aiding and abetting an offender);

(b) revised recommendations: imprisonment for up to eight months;

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