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(영문) 서울남부지방법원 2013.11.27 2013고단3904
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 26, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Seoul Southern District Court on May 19, 201, and sentenced to a fine of two hundred five hundred thousand won by the same crime, etc. at the same court on May 19, 2010. On April 28, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor for night, intrusion upon residence, larceny, etc. at the same court on September 24, 201, and completed the execution of the sentence in Gwangju Prison.

【Criminal Facts】

1. On October 11, 2013, at around 05:35, the Defendant found the Ffficagmamama 125cc motor bicycle owned by E, which was parked in the D parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government, and temporarily used the same 1km from the said D parking lot to the street above 10-4 street street.

2. Around 05:35 on October 11, 2013, the Defendant driven the said motorcycle with a volume of approximately 1 km from the front side of the said D parking lot to the upper end of 10-4, while under the influence of alcohol by 0.109% of blood alcohol concentration without a driver’s license, the Defendant driven the said motorcycle with a volume of approximately 1 km from the front side of the said D parking lot to the upper end of 10-4.

As a result, the defendant has driven the above vehicle under the influence of alcohol again even though he has violated the prohibition of drinking without a driver's license more than twice.

3. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant in violation of the Road Traffic Act are under the influence of alcohol of 0.109% of blood alcohol concentration without a motorcycle license on October 11, 2013. On the 05:35, the Defendant is found to have immediately discovered the victim G (the age of 62) crossing the crosswalk in the direction of the right side of the Defendant’s course due to occupational negligence, who violated the signal signals, while driving the said vehicle and driving the two lanes in front of the company of Yeongdeungpo-gu Seoul Metropolitan Government on the 10-4 large air transportation industry at the right side of the gate, while driving the said vehicle and driving the two lanes in front of the company of Yeongdeungpo-gu in the direction of the Yeongdeungpo-gu subway station, Seoul at the right side of the Defendant’s course.

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