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(영문) 대전지방법원 천안지원 2019.02.21 2018고단2456
도로교통법위반(음주운전)
Text

Defendant

A Imprisonment for 8 months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. At around 22:00 on July 30, 2018, Defendant A driven a F rocketing car under the influence of alcohol content of about 1km from the 1km section to the road before the police box located in Western-gu, Western-si, Seoan-si, Seoan-si, Seoan-si, to the road before the police box located in Seoan-gu, Seoan-si.

2. Defendant B, along with Defendant A, was on board the top of a passenger vehicle set forth in paragraph (1) above which he drives after drinking alcohol with Defendant A, so in order to prevent the revocation of a driver’s license when he was aware of the fact of driving under drinking alcohol, Defendant B made a false statement that he driven the said vehicle, thereby allowing A to escape.

Accordingly, the Defendant, at the time stated in the above paragraph (1) above, made a false statement to the police box G et al. belonging to the above police box that the Defendant driven the said vehicle at the police box located in Western-gu D, Western-si, and had the person who committed a crime corresponding to a fine or heavier punishment escape by complying with the alcohol alcohol measurement.

Summary of Evidence

1. Defendants’ respective legal statements

1. A H statement;

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

1. Application of the closure photographs and the statutes governing visual data on operation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

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

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A who provides community service or attend lectures: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act;

1. Taking into account the fact that the circumstances after Defendant A was committed are not good, blood alcohol concentration, and the fact that there are many identical criminal records;

2. Taking account of Defendant B’s inferior but the primary crime

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