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(영문) 서울중앙지방법원 2019.07.08 2019고단695

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 10, 2008, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) and a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving on October 29, 2008) at the Ansan District Court's Ansan Branch on January 10, 2008, respectively. On January 5, 2010, the Defendant was sentenced to a summary order of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Seoul Central District Court's Seoul Central District Court's imprisonment for 2 years as a suspended sentence for 6 months and 6 months as of September 16, 2010, respectively.

In addition, on December 13, 2016, the Defendant was sentenced to imprisonment with prison labor for six months in Seoul Central District Court and six months in Seoul Central District Court for special intimidation on July 6, 2017, and completed the execution of the final sentence on March 4, 2018.

The Defendant of the 2019 Highest 695 of the Road Traffic Act violated Article 44(1) of the Road Traffic Act twice or more, and did not obtain a license for a motorcycle.

Nevertheless, the Defendant, while under the influence of alcohol of 0.156% on January 18, 2019, driven DVL125 Oba in a section of approximately 200 meters from the front of Dongjak-gu Seoul Metropolitan Government to the front of Seocho-gu Seoul Metropolitan Government C at a level of approximately 00 meters from around 07:02.

"2019 Highest 1805"

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DVL125) is a person engaged in driving duties.

On February 20, 2019, the Defendant driven the above Otoba while under the influence of alcohol of 0.227% with a blood alcohol concentration of 02:42% on February 20, 2019, and led the front road of Dongjak-gu Seoul Metropolitan Government to proceed at a speed of approximately 20km per hour from F bank to G bank.

At the time, it is night and its location is a road without signal, so an accident is done in advance to a person engaged in the driving of a motorcycle, such as a safe driving by accurately manipulating the steering gear and brakes.