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(영문) 광주지방법원 해남지원 2017.02.16 2016고단505
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 20, 2016, the Defendant: (a) driven a E-Poter vehicle at the section of approximately 500 meters from the one’s dry field located in the Southern Navy B before South Sea, under the influence of alcohol content of 0.109% during blood transfusion on July 20, 2016, to the front day of D’s vinyl house located in C.

2. On July 21, 2016, the Defendant also stated that the Defendant would be punished for driving a breath vehicle in the Defendant’s house located in the Namnam-gunF before the passage of alcohol as seen above, and that G would drive the breath vehicle by phone to his wife G, and that his female would drive the breath vehicle. On August 19, 2016, around 16:32, 2016, the South and North police station guard and the transportation investigation team office knew that the Defendant driven the breath vehicle while under the influence of alcohol as above, and made a false statement to H as if he driven the breath vehicle as if he driven the breath vehicle.

As a result, the defendant instigated G to escape a person who commits a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to D or I;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of enforcement manual statutes;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Articles 151 (1) and 31 (1) of the Criminal Act (the point of driving alcohol), and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for each crime);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment are as follows: (a) the Defendant was driving under drinking alcohol twice; and (b) the offender committed the instant crime even though he/she had the record of being punished once due to the crime of aiding and abetting.

In spite of the fact that drinking is a highly dangerous crime, the defendant repeatedly drives drinking.

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