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(영문) 춘천지방법원 영월지원 2014.11.07 2014고단341
도로교통법위반(음주운전)
Text

Defendant

A shall be punished by imprisonment for six months.

However, with respect to Defendant A, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A는 2014. 7. 22. 16:08경 강원 영월군 김삿갓면 김삿갓로에 있는 참애팬션 앞 도로에서부터 같은 로 김삿갓문학관 앞 도로까지 왕복하여 약 6.2km 구간에서 혈중알코올농도 0.207%의 술에 취한 상태로 D 렉스턴 승용차를 운전하였다.

Summary of Evidence

1. Defendant A’s legal statement

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to report on investigation (E telephone statement);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had already been punished for the violation of the Road Traffic Act and the records and arguments, such as the age, happiness, home environment, etc. of the defendant and the circumstances after committing the crime of violating the Road Traffic Act, shall be determined by taking into account all the sentencing conditions stipulated in Article 51

Part of Innocence (Defendant B)

1. On July 31, 2014, the Defendant: (a) around 09:48 on July 31, 2014, was investigated as a witness for the drinking driving case at the Young-gu Police Station’s office located in the Young-gu Police Station in the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City Office as the end of the charges; and (b) made a false statement to the effect that A was aware that he was driving under the influence of alcohol and that he was driving under the influence of alcohol and

Accordingly, the defendant concealed A who committed a crime corresponding to a fine or heavier punishment.

2. In investigating a criminal case, the judgment investigative agency has the right and duty to determine the suspect regardless of the statements of the suspect or reference witness, and to collect and investigate all objective evidence to recognize the suspected facts. Thus, the reference witness is a witness.

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