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(영문) 대전지방법원 서산지원 2013.06.27 2012고합187
도로교통법위반(음주운전)
Text

Defendant

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

However, from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

1. On June 5, 2008, the Defendant: (a) was a person who was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on July 13, 2009; (b) was punished by a fine of KRW 4 million due to the same crime; and (c) was a person who committed a violation of the Road Traffic Act (driving) at least twice on at least two occasions; and (d) on June 13, 2012, the Defendant was driving in the way that he was under the influence of alcohol of KRW 0.158% due to the blood alcohol concentration at around 00:28, the Defendant was driving in the way that he was under the influence of alcohol at least 30cm in the front of the D apartment.

2. Although Defendant B was under the influence of alcohol level 0.158% at the front of the D apartment road of Jinjin-si on June 13, 2012, Defendant B, while driving the Esch Rexton under the influence of alcohol level 0.158%, Defendant B was merely driving by the Esch Rexton in the police investigation process, and the Esch Rexton was not driven by himself.

The Defendant, as seen above, was aware of the fact that he/she committed a crime punishable by a fine or heavier punishment by driving the said Boexton under the influence of alcohol, but around June 28, 2012, the Defendant, at the time, made a false statement to the effect that he/she was not A but the Defendant, who was investigating the violation of the Road Traffic Act (driving) against A at the time, he/she was driving the said Boexton on behalf of A at the time, and subsequently, made a statement to the effect that he/she was the Defendant.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Protocol of the police statement concerning G;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation report (at the time of dispatch to the site, etc.);

1. Previous convictions indicated in judgment: Criminal history records, etc. and the application of Acts and subordinate statutes of a summary order;

1. Article applicable to criminal facts;

A. Defendant A: Article 148-2 of the Road Traffic Act.

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