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(영문) 서울동부지방법원 2015.01.22 2014고단3727
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 201, the Defendant received a summary order of KRW 1,00,000 from the Seoul Eastern District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on October 25, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime from the Seoul Central District Court.

On October 2, 2014, at around 01:40, the Defendant driven a DNA car under the influence of alcohol level of about 0.137% from the 2km section to the front road of Seongdong-gu Seoul, Seongdong-gu, Seoul.

As a result, the defendant was punished for the violation of the Road Traffic Act at least twice, and was driving a motor vehicle under the influence of alcohol again.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a Dchip motor vehicle;

The Defendant driven the said car while under the influence of alcohol concentration of 0.137% in the temporary border as set forth in paragraph (1), and led the two-lane road in front of Seongdong-gu Seoul Metropolitan Government to proceed from the side of the gold market to about 40km each hour at a speed of 40km along two-lanes.

In such a case, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system by properly examining well.

Nevertheless, under the influence of alcohol, the Defendant neglected this and tried to detect the victim E (n, 71 years old) crossing the road from the left side of the Defendant to the right side and to avoid it to the right side. However, the Defendant did not avoid it, but did not go to the left side of the said vehicle and did not go beyond the right side of the victim.

As above, the Defendant is normally affected by drinking.

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