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(영문) 광주지방법원 목포지원 2020.03.27 2019고단1654
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. A. On September 26, 2019, the Defendant was driving a D K7 vehicle while under the influence of alcohol level 0.164% in the C-public parking lot at a wooden time, around 22:10 on September 26, 2019.

B. The Defendant, while driving a vehicle at the same time and at the same place as described in paragraph (1) of Article 1 of the Violence Act, and communicating with the victim and the victim about the treatment of the accident, etc., on the ground that the victim did not immediately park the vehicle in the parking zone, the Defendant assaulted the victim’s face once by hand and walking the body of the victim who was in excess of the age of 57.

2. On September 26, 2019, at around 22:45, the Defendant: (a) was at the same place as indicated in paragraph 1(a) at around 22:45 on September 26, 2019; (b) the Defendant was driving a DK7 car under the influence of alcohol and caused a traffic accident while driving the DK7 car; (c) but, upon receiving a 112 report to be exempted from punishment, the Defendant made a false statement as if the Defendant caused a traffic accident while driving the said K7 vehicle; and (d) on the same day, at around 22:47 on the same day, the Defendant made a false statement as if he/she caused a traffic accident while driving the said K7 vehicle; and (e) at around 22:58 on the same day, the blood alcohol level measured at 0.149% in response

As a result, the defendant, who committed a crime corresponding to a fine or heavier punishment, had the above A escape.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement of E;

1. A report on the actual state of each host driver;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, and a photograph of the accident scene;

1. Application of Acts and subordinate statutes to the investigation report (subject matters of inspection);

1. Article 148-2 (2) and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 260 (1) of the Criminal Act (the point of violence) and Article 260 (1) (the point of imprisonment), and Article 151 (1) B of the Criminal Act.

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