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(영문) 대구지방법원 서부지원 2016.09.30 2016고단708

도로교통법위반(무면허운전)등

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal history] Defendant A received a summary order of KRW 2.5 million from the Daegu District Court on November 29, 2006, and a summary order of KRW 3 million from the Daegu District Court’s Seo branch on February 23, 201, respectively.

[Criminal facts]

1. On October 30, 2012, Defendant A, even though he had had a alcohol driving force twice or more as seen above, driven a vehicle C without a driver’s license in the direction of “lock restaurant” located in the Southern-gu Daegu-gu, Daegu-gu, the front side of the “lock restaurant,” which is located in the middle-gu, Daegu-gu, Seoul-gu, without a driver’s license, at approximately 2km section from around 0.116% alcohol level to the front side of the “lance hospital” in the middle-gu, Daegu-gu, Daegu-gu.

2. Defendant B is a partner of a passenger car who is driving by the above Party A.

A driven the said car without a driver's license while under the influence of 0.116% alcohol level in blood at the time and at the place specified in the preceding paragraph.

While the Defendant knows that the above crime was committed by A, the Defendant made a false statement as if he driven the Defendant, at the Seongbuk Police Station D office located in 259 Dom 15, Seogu-gu, Daegu-gu, and as if he driven the above crime, to the assistant E belonging to the above police station D who is investigating the above case.

After all, the defendant, who committed a crime corresponding to a fine or heavier punishment, led to escape of A.

[In addition to the facts charged as indicated in the judgment, the prosecutor indicted Defendant B on the same day on the ground that “A was guilty of violating the Road Traffic Act by driving the said vehicle without a license under the influence of alcohol (driving without a license) and a violation of the Road Traffic Act (driving without a license).” Defendant A was indicted on the ground that “A committed a violation of the Road Traffic Act (driving without a license) by aiding and abetting the above vehicle head to commit a crime of drinking under the influence of alcohol and aiding and abetting the above vehicle head to commit a crime of

In doing so, as long as it is found that the above Defendants are guilty of the facts charged as stated in the judgment against the Defendants, the prosecution is instituted alternatively.