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(영문) 창원지방법원 거창지원 2016.10.19 2016고단74
도로교통법위반(음주운전)
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On September 18, 2015, at around 21:45, Defendant A driven a F-man-man-car car under the influence of alcohol content of about 0.104% at a section of approximately 6km from around 6km to the front of 0,003 0,000 in the same military development Eup, in front of the E-cafeteria located in G, Gyeongnam-gun.

2. On September 24, 2015, at around 16:41, Defendant B attended the Korea Development Police Station Living Safety Traffic and the G Team office located in Chungcheongnam-gun, and stated to the effect that “A was driven by a police officer during the investigation of the instant violation of the Road Traffic Act (hereinafter referred to as “A”). At the time, the Defendant stated to the effect that “A was on the back seat and only driven by a driver on the back seat, and at the time, A was driven by a driver on the back seat.” On March 24, 2016, the Defendant was present at the investigation agency five times in total until he was investigated at the creative branch office of the Changwon District Prosecutors’ Office and stated to the same effect.”

However, on September 18, 2015, the defendant was not aware that he driven a car at the time, and it was well known that he was A to drive the car at the time.

Nevertheless, 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. Legal statement of a witness I;

1. Each police statement concerning B;

1. Report on investigation (Attachment of control photographs);

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Article applicable to criminal facts;

(a) Defendant A: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

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

1. Selection of a fine for selective punishment (in the case of Defendant A, the head of the post office has no record of punishment due to the same kind of crime, and the head of the post office has faithfully worked for about 15 years. In the case of Defendant B, the relationship with the above Defendant A and the fact that the above Defendant had no criminal record of suspended sentence or heavier shall be considered);

1. Article 70 of the Criminal Code for the Detention in Labor House.

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