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(영문) 서울북부지방법원 2017.08.31 2017고단1109

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

Of the facts charged in the instant case.

Reasons

Punishment of the crime

On March 20, 2015, the Defendant was notified of a summary order of a fine of KRW 3 million in the Seoul Eastern District Court for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 1.5 million in the same court on November 25, 2016 for the same crime.

On February 5, 2017, while under the influence of alcohol 0.241% in blood without a driver's license, the Defendant driven a two-lane road of the same main road in Seoul Special Metropolitan City Nowon-gu, Seoul Special Metropolitan City Nowon-ro 459-21, along the one-lane road from the meltcheon intersection to the Changdong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The motor vehicle driver's license ledger to the defendant;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The portion not guilty in light of the circumstances, such as the fact that there was a history of punishment twice due to driving of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the defendant was sentenced to a fine due to driving of alcohol during the period of suspension of execution and the driver's license was revoked accordingly, he again led to drinking or non-license during the period of suspension of execution during the period of suspension of execution, and the defendant's figure of drinking was very high, thus causing the risk of an accident;

1. The summary of the facts charged is a person who is engaged in driving a motor vehicle with sod vehicle B.

On February 5, 2017, the Defendant, while under the influence of alcohol content 0.241% during blood transfusion 0.20% on February 5, 2017, she proceeded with a two-lane road in the East-ro, Seoul Special Metropolitan City, Nowon-gu, Seoul, with a one-lane road from the Ycheon intersection to the Chang-dong intersection, at a speed of about 60km.

The defendant is under the influence of alcohol, and the defendant does not leave his own lane and does not properly manipulate his steering and brakes.