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(영문) 인천지방법원 2016.10.05 2016고단4639

도로교통법위반(음주운전)등

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On May 26, 2016, from around 05:09 to around 05:39, Defendant A driven an E-observer car with an alcohol level of 0.121% under the influence of alcohol, without obtaining a driver’s license, from approximately 5km section from the front day of the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the Dmomoel road located in Gyeyang-gu, Gyeyang-gu.

2. On May 29, 2016, the Defendant was aware of the fact that he committed the crime as referred to in paragraph (1) by Defendant B, but was reported on May 29, 2016, at around 05:42, that there was a vehicle suspected of drunk driving on the road before the DNA youth located in Gyeyang-gu Incheon Gyeyang-gu Incheon, and was dispatched by Defendant B, G of the Gyeyang Police Station F of the Gyeyang Police Station F, who was called out, made a false statement as if the Defendant driven the said E

In the end, the defendant had a person who committed a crime subject to a fine or heavier punishment escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes, including the results of the control of drinking driving (A), the report on the circumstantial statements of drinking drivers (A), and inquiry data (A);

1. Defendant A of pertinent legal provisions concerning criminal facts: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of without a license): Article 151 (1) of the Criminal Act;

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act provides that Defendant A has the same previous department once, Defendant B has no previous department, Defendant B has no record of having been punished by imprisonment without prison labor or more, and all the other factors of sentencing are determined as ordered by taking into account the following as a whole: the taking-off of alcohol in this case, the escape of the offender, and the circumstances leading to the escape of the offender.