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(영문) 창원지방법원 마산지원 2020.01.31 2019고단341

도로교통법위반(음주운전)등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Defendant

B shall be punished by a fine of two million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Changwon District Court on February 3, 2017, and on March 22, 2018, to imprisonment with prison labor for the same crime at the Changwon District Court on March 22, 2018, and two years for suspended execution, and the judgment becomes final and conclusive on March 30, 201, and is still under suspended execution.

【Criminal Facts】

1. On February 25, 2019, around 07:08, Defendant A driven a F Poter under the influence of alcohol concentration of 0.052%, without a driver’s license, at approximately 500 meters away from the D High School located in Magi-gun C to the Escopic distance.

As a result, the Defendant, who violated the regulations on prohibition of drunk driving at least twice, drives a motor vehicle under the influence of alcohol, while driving a motor vehicle without a driver's license.

2. Around 07:20 on February 25, 2019, the Defendant stated that, while driving a cargo vehicle at the Mana-gun E-ray, the Defendant himself/herself was driving a vehicle in question from a police officer dispatched to the scene to the scene with the knowledge that he/she caused a traffic accident by shocking the HM5 vehicle of G driving, he/she stated that he/she was driving the vehicle in question from a police officer dispatched to the scene without the scene; he/she responded to a alcohol level measurement at the police officer’s request; and that the police officer caused a traffic accident due to the foregoing G’s signal violation.

As a result, the defendant had a person who committed a crime corresponding to a fine or heavier punishment escape.

Summary of Evidence

1. Defendant B’s legal statement

1. Each police suspect interrogation protocol against Defendant A;

1. Statement of the police officer to I, J and G;

1. Report on the circumstantial statements, on-site photographs, and the register of driver's licenses of motor vehicles;

1. Each investigation report (the preparation and settlement of a traffic accident scene, and the K Telephone Statement);

1. Previous convictions indicated in judgment: Criminal history records, copies of summary orders, copies of written judgments, and application of Acts and subordinate statutes governing inquiry into cases;

1. Defendant A of the pertinent provision of criminal facts: Act on December 24, 2018.

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