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(영문) 광주지방법원 순천지원 2017.04.13 2016고단1684

도로교통법위반(음주운전)

Text

Defendant

A A shall be punished by a fine of 6 million won, by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the line of Defendant B, and Defendant B is the owner of a car in the D Spanpo area.

1. On April 16, 2016, Defendant A driven a DNA-type car under the influence of alcohol content of 0.223% at a section of approximately 100 meters from the front of the F cafeteria located in E to the front of the H located in G from the end of the 100-meter radius of the F cafeteria to the end of the H located in G.

2. Defendant B

A. On April 16, 2016, Defendant B, from around 13:00 on April 16, 2016, knew that Defendant B her drinking together with the above A and the son in the J restaurant located in K in the same city, L located in K in the same city, and the same city F restaurant. Therefore, Defendant B was under the influence of alcohol.

Nevertheless, at around 19:05 on the same day, the Defendant aided and aided the Defendant to commit the crime of violating the Road Traffic Act (driving of Drinking) by facilitating the operation of drinking as prescribed in paragraph (1) by using the vehicle keys to the vehicle A to return home in front of the above F cafeteria and driving the vehicle on the back seat of the above vehicle.

B. On April 19, 2016, Defendant B also prepared a false statement on the fact that he/she was driving the said vehicle to the Inspector who belongs to the said police station with the intent to be exempted from criminal punishment, even though he/she was aware that he/she was driving under the influence of alcohol, such as paragraph (1), and stated that he/she was present at the said office on April 26, 2016 as the person who was the victim and was present at the said office on April 19, 2016, and that he/she was driving to the saidO.

As a result, the defendant had a person who committed a crime corresponding to a fine or heavier punishment escape.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. The legal statement of the witness P and Q;

1. A protocol concerning the interrogation of the police in relation to B (Evidence of the fact that the offender has committed);

1. B's written self-statement (Evidence of the fact that the offender is also an offender);

1. Evidence and photographs of the traffic accident scene;

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes to the ledger on the use of drinking-free measuring instruments;