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(영문) 대구지방법원 2015.01.06 2014고단4877
교통사고처리특례법위반등
Text

Defendant

B Imprisonment with prison labor of 6 months, Defendant A shall be punished by a fine of 1,500,000 won.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. On August 10, 2014, at around 04:35, Defendant A driven a C Escp motor vehicle with a blood alcohol content of about 0.064% from the 3km section of approximately 3km to the same 3km distance from the Do near Sejong-gu, Daegu-gu, 447-gil 77-gil, Samhan MBCN.

2. Defendant B

A. On August 10, 2014, at around 04:35, the Defendant driven a DSS5 vehicle against the alcohol alcohol level of about 0.148% in the section of approximately 5km from the Do in front of the 2nd Dong-dong Scenecoa in Daegu-gu, Daegu-gu to the 5km MBCN distance in the same new-dong MCV.

B. On August 12, 2014, at the traffic survey division of the Daegu Dong-dong Police Station in Daegu-dong, Daegu-dong, where the Defendant stated in the above paragraph (a), called “a person who has been driven by drinking,” called “a person who has been driven by drinking,” called “a person who has been driven by drinking,” and led the above E to make a false statement as a driver at the investigation agency. On August 14, 2014, at the traffic survey division of the Daegu-dong Police Station in Daegu-dong, Daegu-dong, Dong-dong, Dong-dong, Incheon-dong, Incheon-dong, where he was a driver of the above DM5 vehicle, the Defendant instigated the person who was a criminal.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspects of E;

1. Reports on the state of drinking drivers, and reports on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Defendant A of pertinent legal provision on criminal facts: Article 148-2 (2) 3 and Article 44 (1) 2 of the Road Traffic Act; Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving) of the Road Traffic Act; Articles 151 (1) and 31 of the Criminal Act (the point of a person who is a hand-on teacher);

1. Defendant A who is selected to impose a fine: Defendant B who is selected to impose a fine;

1. Aggravated concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B of an order to attend a compliance driving lecture: Article 62-2 of the Criminal Act.

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