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(영문) 서울중앙지방법원 2014.03.20 2013고정6806

도로교통법위반(음주운전)

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On October 26, 2013, Defendant A, while under the influence of alcohol of 0.091% of blood alcohol content around 05:55 on October 26, 2013, Defendant A driven a car of Category C rocketing with approximately one kilometer per kilometer in front of a two apartment complex No. 3-702 Seoul Jongno-gu Changdong, Seongbuk-gu, Seoul.

2. Defendant B, who was a relative with the foregoing vehicle, was aware of the fact that Defendant A committed a crime corresponding to a fine or heavier punishment by running a drunk driving as above, and, on October 26, 2013, Defendant B made a false statement to Defendant B, with the traffic of a mutually beneficial police station measuring alcohol at the traffic survey division of the mutually beneficial police station around October 26, 2013, and his assistant assistant D, who was driving the said vehicle, thereby allowing Defendant B to flee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (Selection of Fine)

B. Defendant B: Article 151(1) of the Criminal Act (Selection of Fine)

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;