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(영문) 제주지방법원 2013.10.24 2013고단1084
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for four months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

[criminal power] On September 14, 2007, Defendant A received a summary order of KRW 1.5 million from the Jung-gu District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million from the Seoul East East District Court to a violation of the Road Traffic Act (driving) on September 30, 201, respectively.

【Criminal Facts】

1. On March 11, 2013, at the entrance of the Korea-Japan Forest Eup, the Defendant driven a DNA-type vehicle with a blood alcohol content of 0.093% under the influence of alcohol without obtaining a driver’s license, at a section of approximately 400 meters at the entrance of the Korea-Japan Forest, located in the Korea-Japan Forest.

2. Defendant B knew of the fact that the above crime was committed by Defendant A, but on April 30, 2013, at the Jeju Western Police Station guard, traffic department and office in the Jeju Western Police Station located in the Sindong-Eup, Jeju Island, Defendant B made a false statement as if the Defendant driven the vehicle at the Switzerland on March 11, 2013 to the above police station guard, traffic and slope E who are investigating the said case, and made a false statement as if he driven the vehicle at the Switzerland on July 8, 2013, at the 2nd prosecutor’s office in the Jeju Provincial Prosecutors’ Office No. 505, Dong Dong-do 2, 2013, as if he driven the Defendant.

Accordingly, the defendant, who committed a crime corresponding to a fine or heavier punishment, was allowed to escape.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning G and B;

1. The police statement concerning B;

1. A report on detection of a host driver and on-site photographs;

1. Division: Application of the inquiry report (in compliance with the Act No. 49 of Investigation Records) and Acts and subordinate statutes;

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

(a) Defendant A: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving, and the point of a driving without a license); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of a driving without a license);

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

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendants: Article 62(1)1 of the Criminal Act.

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