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(영문) 인천지방법원 2012.12.14 2012고정1471

도로교통법위반(음주운전)

Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 800,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On August 13, 201, at around 01:26, Defendant A driven a DNA car with a blood alcohol content of about 0.168% under the influence of alcohol at a section of approximately 15 meters near the calendar distance located in Bupyeong-gu Incheon Bupyeong-gu, Incheon.

2. Defendant B is between Defendant B and the above A at the time of August 13, 2011.

The Defendant, as described in paragraph (1), was aware of the fact that the Defendant committed a crime corresponding to a fine or heavier punishment as a result of drinking driving as stated in paragraph (1). On August 18, 201, around 13:19, at the Bupyeong-gu, Incheon E police Station Guard Guard and the Transport Investigation Team office, the Defendant made a false statement to the assistantF belonging to the above police station who was investigating the said case as if the Defendant driven the said vehicle in the said section, thereby allowing A who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Legal statement of witness G;

1. The police statement concerning G;

1. Written statements of G;

1. STV photographs around the site and photographs at the time of regulation; and

1. Statement of the status of the driver;

1. A letter of arrest and a manual of control of a flagrant offender;

1. Application of field medicine map (which is located by a shoter)-related statutes;

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

A. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201) (amended by Act No. 10790, Jun. 8, 201)

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

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

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The argument that Defendant B driven the above AD car and went to the above drinking control place, and caused the dispute with Defendant A, the car was brought to the car and thereafter, Defendant A was locked at the same place. Since then, Defendant A was able to move to the driver’s seat of the said car.

2. The following circumstances, which are acknowledged by each evidence that has undergone legitimate examination of evidence, are located on the road near the distance of the calendar.