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(영문) 서울북부지방법원 2016.08.25 2016고단2813
도로교통법위반(음주운전)등
Text

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

【The Defendant had a record of having been sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on March 3, 2009, and a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the same court on May 28, 2014.

[Criminal Facts]

1. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of CMF rocketing car.

A. On May 23, 2016, around 09:30 on May 23, 2016, the Defendant operated the said car not covered by mandatory insurance on the front road of the monthly chest apartment in Nowon-gu, Seoul Special Metropolitan City.

B. On May 24, 2016, around 01:00, the Defendant operated the said car, which was not covered by mandatory insurance, from the 851 Dowing Station distance, Dobong-gu Seoul Metropolitan Government Dobong-gu.

2. Around 00:40 on May 24, 2016, the Defendant driven a C EF rocketing car under the influence of alcohol concentration of about 0.127% from the 5.8km section of the modern gas station in Seoul Dobong-gu, Seoul, around 01:00 on the road near the 67-dong, Dong-ro, Do Government-si, Gyeonggi-do to the 01:00 on the same day, and around 01:00 on the same day, the Defendant driven a C EF rocketing car under the influence of alcohol concentration of about 0.127% in alcohol level.

3. The Defendant is a person who is engaged in driving a CF rocketing car.

around 01:00 on May 24, 2016, the Defendant driven the said car while under the influence of alcohol concentration of 0.127% in blood from the Dobong-gu Seoul Metropolitan Government Dowing Station, 851, the Dobong-gu, Seoul, and made the turn to the left at a speed of about 50 km from the Dowing Station, one lane between four lanes and four lanes towards the Dowing Station.

At the same time, the driver was at night, and there was a duty of care to prevent accidents by thoroughly driving the front city and safely driving the signal in accordance with the new code.

Nevertheless, the defendant neglected to do so and is under the influence of alcohol as above.

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