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(영문) 대전지방법원 2014.11.27 2014노1748

범인도피교사등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine for negligence of KRW 7,00,000 and by a fine of KRW 2,00,000.

Reasons

1. The summary of the grounds for appeal (the factual error) revealed that Defendant A was found to be locked from the two-lanes of vehicular road while boarding the vehicle at the driver's seat, Defendant B's statement to the effect that he left the vehicle at the same road is difficult to believe, Defendant F and G were on board the mixed vehicle, Defendant A was seated with the driver's seat, and the police officer at the site stated that he did not have any other person get out of the vehicle until the detection point, and that he did not have any other person get out of the vehicle at the time of opening the vehicle of this case, and that Defendant A did not have any change to the effect that he did not drive the vehicle at the site, and that Defendant A was not guilty of the vehicle due to the mistake of facts in light of the fact that Defendant B's false testimony and the fact that it was difficult to recognize Defendant B's driver's vehicle because he did not have any other person go beyond the influence of alcohol and made it difficult to find Defendant B's false testimony.

2. Determination

A. On April 23, 2013, Defendant A violated the Road Traffic Act (A) (A) and Defendant A driven a motor vehicle with Down Ponk (hereinafter “instant motor vehicle”) from the front of the head of the Hoppon in which the trade name in Seo-gu, Seo-gu, Daejeon cannot be known while under the influence of alcohol around 03:23% of alcohol level on April 23, 2013 to the front of the Eastwest-gu, Daejeon (hereinafter “instant motor vehicle”).

B. When Defendant A, as seen above, has prevented a criminal from driving under influence of alcohol, Defendant B was at an influence place around that time and Defendant B.

참조조문