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(영문) 서울북부지방법원 2018.04.05 2018고단370

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Records of Crimes】 On August 20, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating Road Traffic Act at the Seoul Northern District Court, and KRW 2 million as a fine in the same court on February 13, 2009, respectively.

[Criminal Facts]

1. The Defendant is engaged in driving a car in the B test.

On December 7, 2017, the Defendant driven the said car under the influence of alcohol level of 0.149% among blood transfusion around 23:30 on December 7, 2017, and led the Defendant to drive the said car along the influence of alcohol level of 0.149% on the street of 586 Nowon-gu Seoul Special Metropolitan City Nowon-ro, Nowon-gu, along the water-frame distance from the boundary of the Changdong Middle School.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as accurately manipulating the steering direction, brakes, etc. by checking well the right and the right of the motor vehicle.

Nevertheless, under the above circumstances, the defendant found the D-A-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur

2. Around December 23:10, 2017, the Defendant driven a B-Tech car while under the influence of alcohol content of about 0.149% in a section of about 1km, Nowon-gu, Seoul, for about 23:30 on the same day from the Changdong-gu Seoul, Dobong-gu to the upper bridge of the upper bridge of about 586, Nowon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on occurrence of traffic accidents;

1. A traffic accident report;

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