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(영문) 대전지방법원 2013.06.27 2013고합165
도로교통법위반(음주운전)
Text

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 1 and 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. On August 31, 2012, Defendant A driven a Di30-car under the influence of alcohol content of about 0.186% at the 2km section from the front of the Jungdong-dong of Daejeon to the 705 Asian Village Underground Parking Lot of Daejeon-dong, Daejeon-dong, Daejeon-dong, the Defendant driven a Di30-car under the influence of alcohol content of about 0.186%.

2. Although Defendant B did not face a car driven by A, on August 31, 2012, the Defendant made an oral report to police officers E and F, who called up after receiving the Defendant’s report prior to the Korean electric power in Yongsan-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, on August 31, 2012, on the ground that “A was injured by an open door of a car driven by A prior to the Korean electric power in the Dong-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, on August 31, 2012, without taking any measure, and thus, A escaped without taking any measure, and thus punished as a protective seal.”

As above, the Defendant made a false report to A for the purpose of having the criminal punishment imposed on the crimes under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Summary of Evidence

[Fact 1]

1. Defendant A’s legal statement

1. Report on detection of the driver from the driver, report on the circumstances of the driver from the driver, investigation report (applicable to the application of the Tramark No. 2 on the market);

1. Defendant B’s legal statement

1. Defendant A’s statement in the interrogation protocol of the Defendants prepared by the public prosecutor

1. A ledger for receipt of reported matters;

1. The application of statutes to each traffic accident report, each investigation report (Attachment to the attachment of a black stay CD, the circumstances and hearing of the statements, and a copy of the 112 patrol log on the day of the instant case);

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: Articles 14 and 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 156 of the Criminal Act

1. Defendant A who is selected to impose a fine;

1. Defendant B of statutory mitigation: Articles 157, 153, and 55(1) of the Criminal Act

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