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(영문) 대구지방법원 김천지원 2014.10.14 2014고단848 (1)

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

B On May 6, 2014, around 11:00, driving a motor vehicle at a level of about five meters from the day before the D cafeteria located in the Gu, Si, Gu, Si to E in the Gu, Si, Gu, and Gu, without obtaining a driver's license, while driving a motor vehicle at a level of about 0.138% alcohol concentration and causing a traffic accident.

While the Defendant knew of the fact that the above crime was committed by B, at around 11:46 on the same day, he made a false statement as if he had caused a traffic accident under the influence of alcohol to a police officer in charge of the investigation of the above crime at the police station of the old-gu Police Station in 111-1, Jyeong-dong 111-1 on the same day.

As a result, the defendant got the criminal defendant to escape B who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. G statements;

1. Application of Acts and subordinate statutes, such as traffic accident occurrence reports, reports on detection of drivers, reports on actual state of drivers, investigation reports, register of driver's licenses, criminal history records, etc.;

1. Relevant Articles 151(1) and 151(1) of the Criminal Act regarding criminal facts, the choice of a fine (including the circumstances leading to criminal conduct, the circumstances leading to criminal conduct, the absence of any record of criminal punishment, the confession of a crime and the violation of depth);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;