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(영문) 창원지방법원 마산지원 2019.01.30 2018고단1172
도로교통법위반(음주운전)등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A on January 14, 2013, the Changwon District Court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act ( sound driving), and on March 5, 2015, the Changwon District Court issued a summary order of KRW 2 million for the same crime, and on October 28, 2015, the Changwon District Court was sentenced to a fine of KRW 6 million for the same crime.

1. On September 20, 2018, Defendant A, without obtaining a driver’s license at around 04:20 on September 20, 2018, driven a G K7 vehicle at a distance of about 600 meters from the front road located in Chang-si E in Chang-si E, Chang-si, the blood alcohol concentration of which is 0.129%.

Accordingly, the defendant, without obtaining a driver's license, has violated the prohibition on driving a motor vehicle under the influence of alcohol not less than twice, and once again driven a motor vehicle under the influence of alcohol.

2. Defendant B is a woman-friendly Gu of the above A.

A On September 20, 2018, without obtaining a driver's license at around 04:20 on September 20, 2018, the Defendant was aware of the fact that G K7 driver's license was driven under the influence of alcohol level of 0.129%, and was on the top of the operation of the said passenger's license.

Nevertheless, at around 04:22 on the same day, the Defendant made a false statement as if the Defendant driven the said vehicle to a slope I belonging to the H District of the Mapo-dong Police Station in the Yongsan-dong Police Station, which was called up after receiving a traffic accident report in front of the F in the Yongsan-si E on the roads of the Changwon-si, Yongsan-si, and at around 05:06 on the same day, the Defendant made a false statement to K as if the Defendant driven the said vehicle.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of I;

1. The actual survey report and the accident site photograph;

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

1. Criminal history records, reply reports (A);

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