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(영문) 춘천지방법원 2015.08.13 2014고단1350
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant A shall be punished by imprisonment for six months, and the defendant B shall be punished by a fine of three thousand won.

2. Defendant B is the above fine.

Reasons

Punishment of the crime

Defendant

A, on January 29, 2013, was sentenced to one year of imprisonment for fraud in the Chuncheon District Court, and the execution of the sentence was terminated in the Chuncheon Prison on July 21, 2013.

1. On December 7, 2014, at around 23:59, Defendant A driven a G-sturing car in the state of alcohol with approximately 500 meters alcohol content 0.151% from the 50-meter section to the Fururher road located in D, “E” on the front day of the trade name “E” located in Chuncheon City.

2. Defendant B was accompanied by a G lusing car driven by Defendant A, and when a traffic accident occurred, Defendant B made a false statement to the police officer that the Defendant was driving.

On December 8, 2014, the Defendant made a false statement to the effect that, although the Defendant did not drive the said vehicle, the Defendant was taking a alcohol test at the H District Office of the Chuncheon Police Station, the Defendant was sent to the scene of the accident to I while driving the said vehicle, and the Defendant was taking a alcohol test at the H District Office of the Chuncheon Police Station.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Reports on the occurrence of a traffic accident;

1. The suspect interrogation protocol of the defendant A by the police;

1. A report on detection of a host driver (A);

1. Previous convictions indicated in judgment: Application of criminal records, etc., inquiry report (a) and investigation report (the fact that a suspect A commits the principal offense during the period of repeated offense) Acts and subordinate statutes;

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

(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 (Selection of Fine)

1. Defendant A among repeated crimes: Article 35 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (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. The defendant A has high blood alcohol concentration and the defendant has been sentenced to a fine three times due to drinking driving.

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