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(영문) 서울남부지방법원 2018.07.03 2018고단2223
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 March 29, 2010, the Defendant issued a summary order of 2.5 million won to a fine for a violation of Road Traffic Act (driving) at the Seoul Central District Court on March 29, 2010, and on September 5, 2017, the Seoul Southern District Court issued a summary order of 5 million won to a fine for a violation of Road Traffic Act (driving).

A person who violated Article 44(1) of the Road Traffic Act more than twice, and once again, on April 14, 2018, the Defendant driven a B-A-D car under the influence of alcohol content of at least 0.171% in the 3km section of the vehicle without the driver’s license, from the front of the vice president of the Red-gu 2 Permanent Residential Office located in Mapo-gu Seoul Metropolitan Government, to the Yang Pyeong-dong located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

2. On April 14, 2018, the Defendant: (a) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving); (b) under the influence of alcohol, 06:24, the Defendant was able to see the direction of the road, and the blood color is red letter for a week; and (c) the walking is driving the said vehicle in a state where it is difficult to drive the vehicle normally, such as a molding distance, while driving the said vehicle at a speed that would turn to the left at a speed that cannot be known at the speed of three-lanes of the 7-lane of the road between the two-lanes of the mountain intersections.

At the time, the time and location of the accident is the intersection where signal lights are installed. In such a case, the driver of the motor vehicle has a duty of care to observe the motor vehicle line according to the new code and to prevent the accident by properly manipulating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the above duty of care, was driven by the victim C (61) who was at the left turn on the two-lanes in accordance with the Marina, and was driven by the victim C (61). The lower part of the right side of the Duneta taxi was received as the front part of the left side of the Defendant’s vehicle.

Ultimately, the defendant's influence of drinking is the same.

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