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(영문) 의정부지방법원 고양지원 2016.12.08 2016고단3131

도로교통법위반(음주운전)등

Text

Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 4,000,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[criminal power] On March 17, 2008, Defendant A was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on March 17, 2008, and a fine of five million won for a senior district court on April 25, 2014.

【Criminal Facts】

1. Defendant A

A. The Defendant is a person who is engaged in driving a CSP car in violation of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes (Bodily Injury resulting from DSP)

On June 26, 2016, the Defendant driven the said car under the influence of alcohol level of 0.197% on blood alcohol level around 18:20 on June 26, 2016, and led the North Korean Industrial Complex in Yangyang-gu, Yangyang-gu, Goyang-gu to move into the Gayang-dong.

In such cases, the driver has a duty of care to prevent accidents in advance by safely operating the steering gear and brake system in a clear spirit and by safely operating the steering gear and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and was driven by the victim D (the age of 39) who was driven prior to driving due to the negligence in a situation where normal driving is difficult due to the influence of drinking, and was driven by the victim D(the age of 39) as the back part of the motor vehicle in front of the motor vehicle in the SPP car.

Ultimately, while the Defendant was driving a motor vehicle under the influence of alcohol which makes it difficult to drive a motor vehicle normally due to the said occupational negligence, the Defendant suffered from the victim’s injury, such as dynasium, which requires medical treatment for about two weeks.

B. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol at approximately 0.197% of blood alcohol concentration at the 3km section of the 3km from the 3km road in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-gu, Goyang-gu to the 3km road in the same direction as the freedom located in the same direction-dong.

2. Defendant B: (a) around 18:20 on June 26, 2016, Defendant B had a blood alcohol concentration of 0.197% by blood alcohol level A.

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