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(영문) 서울북부지방법원 2016.04.12 2016고단261

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 8, 2007, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking driving), and on January 6, 2010, the Defendant was sentenced to a suspended sentence of two years for five months in imprisonment with labor for a violation of the Road Traffic Act (drinking driving).

[Criminal facts]

1. The Defendant is a person engaging in driving a motor vehicle with B money tank B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 23, 2015, the Defendant driven the said car under the influence of alcohol content 0.135% during blood transfusions on 23:30%, and proceeds along one lane on the road of the fourth 4-lane in front of Seoul Dongdaemun-gu Seoul, Seoul, along the 2-dong community service center with a three-lane radius from the front of the shoulder-line, while driving the center under the influence of alcohol, by negligence of the victim D (n, 43 years old) driven along the center and driving at the front of the left side of the car of the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim D, such as the left-hand gate, which requires approximately two weeks of medical treatment, and suffered injury to the victim FF (30 years of age) who is the winner of the said rocketing car, for about two weeks of medical treatment.

2. Although Defendant 1 had been punished for violating the Road Traffic Act (drinking driving) on more than two occasions, Defendant 2 driven a B money tank with alcohol content of about 0.135% from the 2km section from Dongdaemun-gu Seoul Metropolitan Government 472-ro to the front road of the same Gu at the time of the day, the above Defendant 1 driven the B money tank with alcohol content of about 0.135%.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F and G;

1. A report on the detection of a primary driver;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Previous Records: A) a written reply to inquiries, such as criminal history, and the application of the law of investigation report (the confirmation of criminal records of the same kind).