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Reasons
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(영문) 대전지방법원 2017.05.24 2017고단1208
도로교통법위반(음주운전)
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[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 13, 2017, Defendant A’s violation of the Road Traffic Act (drinking driving) driven a cub car from 200 meters high-speed G from the day front of the D restaurant in Daejeon Seo-gu C to the front day of the E, while under the influence of alcohol content of 0.108% at around 04:06 on January 13, 201.

2. Defendant B also was aware of the fact that the Defendant committed a crime of drinking alcohol driving as set forth in paragraph (1). On January 31, 2017, the Defendant driving a coo car to Defendant B, who was investigating the instant case at the H Team office of the Daejeon Police Station H Team of the Daejeon Police Station No. 1417, as of January 31, 2017, on the ground that the Defendant was driving the coo car to Defendant B, who was investigating the instant case.

A who commits a crime corresponding to a fine or heavier punishment has made a false statement to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Notification of the results of regulating drinking driving;

1. Report on the crackdown on drinking;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act and the choice of punishment for the crime;

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

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

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

1. Defendant A: Article 62 (1) of the Criminal Act;

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

1. Reasons unfavorable to Defendant A: The fact that there has been a previous record of having been punished three times due to driving of drinking, and the fact that it is favorable for Defendant A to receive high drinking: the fact that it is against the other; and

2. Although it is not good for Defendant B to commit the instant crime, it appears that the Defendant might not cause substantial confusion in the investigation by deceiving the police to commit the crime late, and it is the first offender who has no record of committing any such crime.

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