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(영문) 서울서부지방법원 2017.04.27 2017고단428

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

1. On January 25, 2016, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 5 million due to a violation of road traffic laws at the Busan District Court's Busan District Court's Busan District Court's Branch on January 25, 2016, and on May 25, 2016, a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of road traffic laws (drinking) at the Seoul Northern District Court's Branch on May 25, 2016.

On December 18, 2016, around 10:30 on December 18, 2016, the Defendant driven CMW car under the influence of alcohol concentration of 0.073% without obtaining a driver's license from the front day of the 14 Congo to the front day of Yongsan-gu Seoul, Seoul.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver’s license under the influence of alcohol in violation of this Act.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle BMW.

On December 18, 2016, the Defendant driven the said car under the influence of alcohol of 0.073% in blood, without obtaining a driver's license on December 18, 2016, and driven the said car at a speed of about 30 km per hour in the direction of the Han River, which is located in Yongsan-gu Seoul Metropolitan Government, along the Han River, along the two-lanes in the direction of the Han River, in the direction of the Han River.

At the time, a large number of vehicles was set on the road, and the victim D(37 tax) was driven along the E-te-te-te-te-te-te-te-te-te-te-te-te-te-rat in the front direction of the defendant, so in such a case, the driver of the vehicle has a duty of care to maintain the distance of the vehicle and drive the vehicle safely by thoroughly operating the front direction and accurately operating the brake system.

Nevertheless, the defendant is unable to breathe on the part of the defendant under the influence of alcohol.