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(영문) 창원지방법원 거창지원 2013.11.06 2013고단254
도로교통법위반(음주운전)
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 2013, at around 19:15, Defendant A driven a D Ecoo motor vehicle with a blood alcohol concentration of about 0.164% in a section of about 1km from the Defendant’s house located in Gohap-gun, Chungcheongnam-gun to the roads near the same side of alcohol.

2. On April 26, 2013, Defendant B stated to the effect that, even though the above Defendant driven a ecoo vehicle under the influence of alcohol on April 19:15, 2013, the Defendant stated to the effect that, around April 29, 2013, Defendant B driven the said vehicle in the said section, it would drive the said vehicle in the said section, not A, at the Gohap Police Station Living Safety Traffic and Traffic Accident Investigation Team office office.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

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 each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act for the suspension of execution (Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act (in the case of Defendant A, a criminal record of drunk driving has been two times, but again a crime of drunk driving in this case has been committed, and it is judged that the risk of recidivism will be high in the future, and probation, other than community service, should be added);

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