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(영문) 광주지방법원 2016.10.13 2016고단1365
도로교통법위반(음주운전)
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for five months;

(b)Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 1365]

1. On February 18, 2016, Defendant A’s violation of the Road Traffic Act ( sound driving) driven by Defendant A, while under the influence of alcohol of 0.088% of blood alcohol concentration, from the area adjacent to the SK station in the Southern-gu Southern-gu, Gwangju to the road in front of the Seo-gu, Seo-gu, Gwangju through the Seo-gu D apartment.

2. Defendant B’s criminal escape, as described in paragraph (1), was accompanied by a car driven by the Defendant at the time of drinking driving to the front of the above D apartment, which is the Defendant’s house in the vicinity of the SK Oil Station, but around March 17:15, 2016, the Defendant made a false statement as if he driven the car as above while driving the car at the Gwangju Western Seo-gu Police Station’s traffic station and the FK office, located in 71, Seo-gu, Seo-gu, Seo-gu, Gwangju, as a Standing Park on March 10, 2016, to G belonging to the above police stationF department, and made a false statement to the said G at around 16:10 on April 11, 2016.

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

[2016 Highest 1875]

3. On April 14, 2016, Defendant B’s violation of the Road Traffic Act (unlicensed Driving) driven a HAD car from the front side of the Gwangju Seo-gu Police Station, located in the Gwangju Seo-gu Standing Park without a driver’s license, to the front day of the Jeju Seo-gu Police Station, to the front day of the Japanese ordinary park in the same regular park.

Summary of Evidence

[2016 Highest 1365]

1. Defendants’ respective legal statements

1. The police interrogation protocol and statement of the defendant B;

1. Statement of the police officer to I;

1. Report on the circumstantial statement of a drinking driver, report on the results of the regulation of drinking driving, investigation report, each photograph (2016 order 1875);

1. Defendant B’s legal statement

1. Report on the situation of unregistered driving and application of the laws and subordinate statutes to the ledger of driver's licenses;

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

A. Defendant A: Articles 148-2(2)3 and 44(1) of the Road Traffic Act, the choice of imprisonment

B. Defendant B:

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