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(영문) 전주지방법원 2019.06.14 2018고단2687

도로교통법위반(음주운전)등

Text

Defendant

A Imprisonment of one year and two months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A was sentenced to a fine of KRW 3 million by the Jeonju District Court on March 11, 2014, and a fine of KRW 5 million by the same court on July 3, 2018, respectively.

On November 1, 2018, at around 23:52, the Defendant driven a CMW 530i vehicle while under the influence of 0.123% of the blood alcohol concentration without a driver’s license from the 1km section of approximately 1km to the road in front of the west-gu, Chungcheongnam-gu, Seoul Special Metropolitan City to the roads in front of the 225-gu, Jeollabuk-do, Jeollabuk-do.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

B. The Defendant who has attempted to commit an offense.

At the time, at the time, at the place specified in the port, the police officers of the Jeonju Police Station and the police officers belonging to the Jeonju Police Station reported that they are under drinking control, and, in order to conceal the fact that they driven by drinking without a license, they made a statement to B, who was accompanied by the head of the above vehicle, stated that they driven the vehicle without a license, and caused B to make a false statement.

Therefore, the aforementioned B made a false statement to the effect that he/she was driving the said vehicle at D and office of the Jeonju Police Station, which conducted the above temporary light drinking control, due to the change of the place between D and the slope E belonging to the Jeonju Police Station to take a drinking test, and the Defendant and the said police officer was seated in the driver's seat of the said vehicle, and that he/she was driving the said vehicle. On November 13, 2018, the said B made a false statement to the effect that he/she driven the said vehicle to the Inspector F.

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

2. Defendant B: (a) around November 1, 2018, around 23:52.

There is no fact that the defendant driven a car at the place specified in the port of port CMW 530i.e., the Jeonnsan Police Station D.