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(영문) 서울북부지방법원 2012.11.02 2012고합443
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Seoul Northern District Court on June 1, 2012, sentenced three years of suspended sentence to one year of imprisonment for a violation of the Road Traffic Act (refluence of measurement), etc., and the said judgment became final and conclusive on June 9, 2012 and is still under suspended sentence.

【Criminal Facts】

The defendant is a person who drives a C-A-Wurd-Wurt Motor Vehicle.

Around 23:00 on 08.23:0, the Defendant was under the influence of alcohol of 0.314% of blood alcohol concentration without obtaining a driver’s license on the front side of 201-dong, Dobong-gu Seoul, Seoul, the Defendant: (a) while driving the said vehicle and driving the said vehicle along one-lanes from the shooting distance room of the Puk High School to the early elementary school; (b) while driving the said vehicle along the two-lanes, the Defendant was under the influence of alcohol level; (c) while driving the said vehicle and driving the said vehicle along the two-lanes, the Defendant was under the occupational negligence of the victim D (n, 48 years old); (d) while driving the said vehicle at the opposite line with the central line without looking at it well; (e) driving the said vehicle; (e) driving the said vehicle; (e) driving the said vehicle; (e) driving the said vehicle; (e) driving the said vehicle; (e) driving the said vehicle; (e) driving the said vehicle; and (e) driving the said vehicle at the victim’s 20-day and 7 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, D, and F;

1. Written statements of D;

1. A traffic accident report, a traffic accident report, a report on detection of a drinking driver, and a circumstantial statement of a drinking driver;

1. Written estimate and each written diagnosis;

1. The driver's license ledger;

1. Each photograph;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, etc., judgments, and outputs of consolidated cases;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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