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(영문) 대전지방법원 천안지원 2018.09.18 2018고단1319

도로교통법위반(음주운전)등

Text

Defendant

A shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On February 10, 2018, around 00:50, Defendant A driven a C-learning car under the influence of alcohol content of 0.074% while under the influence of alcohol without obtaining a driver’s license, from the front side of a mutual influent restaurant in the south-gu New-dong, Southern-gu, Seoul-dong, to the road front side of the 1st degree 1st degree mother-dong, Nam-gu, Yan-gu, Yanan-si, Yan-gu, Seoul to approximately 800m in the south-gu, Yan-gu, Naman-gu, Seoul-do

2. At around 00:50 on February 10, 2018, Defendant B, in front of the mutual influorial restaurant in the south-gu New-dong, Nam-gu, Seoul Special Metropolitan City, Defendant B: (a) brought the keys of the vehicle possessed by the Defendant at that place; (b) knowingly, Defendant B, while being aware of the fact that he/she was trying to drive a vehicle under the influence of alcohol with a 0.074% alcohol concentration in blood, he/she was driving, thereby aiding and abetting the crime by getting on the top of the fluoral passenger car driven by A with knowledge that he/she would have to drive the vehicle under the influence of alcohol concentration in the blood.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

(b) Defendant B: Articles 148-2(2)3 and 44(1) of the Road Traffic Act; Article 32(1) of the Criminal Act (a) of the same Act; Article 152 Subparag. 1 and 43 of the Road Traffic Act; Article 32(1) of the Criminal Act (a person who aids and abets driving without a license)

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

1. Mitigation (Defendant B) Articles 32(2) and 55(1)6 of the Criminal Act

1. The punishment to be suspended (Defendant B) 700,000 won;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) shall be confined in a workhouse;

1. The suspended sentence (Defendant B) Article 59(1) of the Criminal Act (the confession and reflect of the crime of this case), and the crime of this case.