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(영문) 광주지방법원 2019.10.10 2019고단3170
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment with prison labor for two years and for six months, respectively.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

[criminal power] On October 27, 2006, Defendant A received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Gwangju metropolitan District Court's branch on October 27, 2006, and a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on August 14, 2014.

【Criminal Facts】

1. On July 28, 2019, Defendant A was under the influence of alcohol by 0.205% without obtaining a driver’s license, Defendant A driven a FK5 vehicle at the section of approximately 300 meters from the front road to the front road of “E” located in the same Gu as the blood alcohol concentration by 0.205%.

Accordingly, the defendant, in violation of Article 44 (1) of the Road Traffic Act, was engaged in driving without permission at the same time in violation of the Road Traffic Act not less than twice.

2. Defendant B

A. On July 27, 2019, from around 23:30 to July 00, 2019, the Defendant: (a) divided alcoholic beverages with A in his/her residence located in the mine area A; and (b) aided and abetted A to drive the said motor vehicle by allowing A to drive the said motor vehicle while under the influence of alcohol with a blood alcohol concentration of 0.205% at the same time and place as described in paragraph (1), while being aware that A was under the influence of alcohol, by dividing alcoholic beverages with A in his/her residence in the mine area, and by allowing A to drive the said motor vehicle, thereby facilitating A’s drinking operation.

B. On July 28, 2019, at around 01:50, the Defendant, even a criminal, even though being aware of a crime committed by A by driving a FK5 vehicle in the influence of alcohol in the front of the Gwangju Mine, made a false statement to H security guards of the police officer called up upon receiving a report and H and I having driven the said vehicle, thereby allowing A to escape a person who commits a crime equivalent to a fine or heavier punishment.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. Each police officer against the Defendants.

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