logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.03.15 2018고정67
도로교통법위반(음주운전)
Text

Defendant

B shall be punished by a fine of KRW 1,000,000.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

Defendant

B around August 13, 2017, around 04:42, around 04:42, around the southyang City, when A knows that he driven the above Tballian car owned by Defendant B in the 3km section from around 3km to the front of E in the same city, he made a false statement to Defendant B as if he driven the drinking at the scene of the accident.

As a result, Defendant B had a person who committed a crime subject to a fine or heavier punishment escape.

Summary of Evidence

1. The defendant B's partial statement

1. Protocols concerning the examination of suspects A by the prosecution;

1. Reports on the occurrence of traffic accidents, hearing reports on statements and investigation reports (netly 15);

1. Application of the Acts and subordinate statutes to cut a black stuff image;

1. Article 151 of the Criminal Act applicable to the crime, Article 151 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [referring to an act that makes it difficult or impossible for an offender to act as a criminal under Article 151 of the Criminal Act, such as investigation, trial, and execution of punishment, by any means other than concealment of the offender, and there is no restriction on such method. In addition, the crime is not required as a dangerous offender, and it is not required to interfere with the actual operation of criminal justice. Thus, the so-called "person who commits a crime" under Article 151(1) of the Criminal Act includes a person who is under investigation upon being suspected of a crime, and in case where a person knowingly causes a criminal to flee while recognizing that he/she is a person who commits a crime equivalent to a fine or heavier punishment, that person is not yet subject to investigation at the time of such person.

Even if an offender commits a crime (Supreme Court Decision 2003Do4533 Delivered on December 12, 2003). Therefore, as seen later, A’s violation of the Road Traffic Act (toxicly Driving) does not constitute a crime as follows.

Even if the defendant was driven in drinking condition at the time of this case, he is at the site.

arrow