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(영문) 서울북부지방법원 2018.01.11 2017고단4792

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On September 11, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of Road Traffic Act (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court) on September 11, 2007, and on May 30, 2008, the Seoul Northern District Court issued a summary order of KRW 3 million due to a violation of Road Traffic Act (drinking driving).

On October 6, 2017, at around 21:50, the Defendant driven a sports car in Eco-do while under the influence of alcohol concentration of about 0.145% from the road near C church located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul to the road front D, Gangnam-gu, Seoul.

around 18:20 on July 2, 2017, the Defendant: (a) controlled the victim H (47 years of age) of this I on the front of G located in the Seoul Southernbuk-gu, Seoul, to be a tree on the front of G on the road; (b) while the Defendant: (c) obstructed the victim’s face by drinking; (d) taken off the gate room, which is a dangerous object in the ridge between the two vehicles of his/her own car; and (e) taken off the gate room.

In addition, the part of the victim's head was 1 time, and the above part of the victim's shoulder was 1 time due to the escape room.

As a result, the defendant carried dangerous things with the victim about two weeks of medical treatment, which requires two weeks of medical treatment.

Summary of Evidence

"2017 Highest 4792"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (the same records as the suspect), and text of each summary order "207 Heights 5027";

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Seizure records;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (the point of drinking and the choice of imprisonment), Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order of community service: Article 62-21 of the Criminal Act;