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(영문) 대전지방법원 천안지원 2013.10.31 2013고단979

도로교통법위반(음주운전)등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

가. 피고인은 2013. 5. 11. 01:00경 천안시 서북구 백석동에 있는 `꼬치사케` 술집에서부터 같은 구 두정동에 있는 포장마차 골목 앞 도로에 이르기까지 혈중알콜농도 0.056%의 술에 취한 상태로 C 무쏘 승합차를 운전하였다.

B. On May 11, 2013, the Defendant told B of a telephone from the Defendant’s home located at No. 103 Dong 1003, Asan-si, Asan-si, that “I am driving because I do not have any scam.”

As a result, the Defendant had B make a false statement at the time and place under Paragraph B(2) and abetted the criminal escape.

2. While Defendant B knew of the fact that he committed the crime referred to in subparagraph 1(a), the Defendant made a false statement to the Daejeon District Prosecutors’ Office No. 209 of the Daejeon District Prosecutors’ Office located in the Dong-dong, Dong-dong, Dong-dong, Chungcheongnam-gu, Yandong-gu, Daejeon District Prosecutors’ Office, 209, that he driven the Defendant, who is not A, while driving the Defendant.

After all, the defendant, who committed a crime corresponding to a fine or heavier punishment, had the criminal escape B.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes to an investigation report (related to the official application of the Tramark);

1. Relevant legal provisions concerning criminal facts and defendant A who has selected a punishment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 151 (1) and 31 (1) of the Criminal Act (the point of a person who is charged with delivery), and Article 151 (1) of the Criminal Act (the selection of a fine)

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: Defendant A, with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, once he/she had a record of being punished for driving under influence of alcohol, was driving under influence of alcohol.