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(영문) 대전지방법원 천안지원 2014.05.30 2013고단1297
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 3,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Criminal facts

1. On May 18, 2010, Defendant A received a summary order of KRW 2 million for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) from the Daejeon District Court’s Branch on the grounds of the violation of the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime at the same court on May 2, 2011.

On January 18, 2013, at around 21:40, the Defendant driven a e-mailed vehicle with approximately KRW 200 meters alcohol concentration of 0.144% under the influence of alcohol without a vehicle driver’s license, from the front Do to the entrance of the parking lot at the same Dong located in the same Do as “waittonto,” located in the Do of 191-13, Asan-si hot Spring.

2. While Defendant B knew of the fact that the above crime was committed by Defendant A, at around 15:01 on February 5, 201, Defendant B made a false statement as if the Defendant driven the vehicle listed in the above paragraph (1) at the F Superintendent General of the Police Station affiliated with the above police station who is investigating the instant case at the guard traffic of the Chungcheongnamnam Police Station and the traffic survey team office.

In the end, the defendant had a person who committed a crime subject to a fine or heavier punishment escape.

Summary of Evidence

1. Legal statement of witness G;

1. Part concerning the prosecutor's interrogation protocol against the Defendants in G

1. The police statement concerning G;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. A written inquiry such as criminal records, investigation report [Confirmation of criminal records of A's violation of the Road Traffic Act (A's violation of the Road Traffic Act) by a suspect] ① The G's investigative agency and the statement in the court that directly considered Defendant A to drive a low-priced passenger vehicle is consistent; ② According to the aforementioned evidence, at the time, the street, etc. was installed on the road although at night, but the street was installed on the road, and G was driving on the road, and G and Defendant A divided talk about the violation of one-way traffic while driving the two windows. As such, G and Defendant A divided talks about the violation of one-way traffic while driving the two windows. As such, the Defendants were erroneous or driven by Defendant B.

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