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(영문) 서울북부지방법원 2016.10.06 2016고단2379
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Southern District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On April 24, 2008, the Seoul Western District Court received a summary order of KRW 1.5 million for a violation of the Road Traffic Act.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car XG.

On February 4, 2016, the Defendant driven the said car at around 04:05, while driving the said car, and driving the car at the intersection of the Dobong-gu Seoul Metropolitan Government Dobong-gu 578 Dobong Public Health Center, along three lanes, along the five-lane road in the direction of the bachelor’s distance in the bank in the middle distance. On February 4, 2016, the Defendant, by negligence in the course of business, was unable to properly operate the steering gear and the brake device while under the influence of alcohol concentration of 0.059%, and caused the injury of the victim E, who was driven by the victim C while driving the said vehicle at the front part of the said vehicle, with the front part of the said vehicle’s traffic, which was driven by the victim C while driving the said signal stop at around the same lane, for about three weeks of diagnosis for the victim E, and for the victim E, who was accompanied by the damaged vehicle, for about three weeks of diagnosis.

2. The Defendant violated the Road Traffic Act (driving) at the same time driven the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.059% from the 5km section from the front of the river basin in Gangnam-gu Seoul, to the 578 Dobong-ro, Dobong-gu, Dobong-ro, to the intersection of the public health clinic in Dobong-gu.

As a result, the defendant was a person who has driven a drinking twice or more, and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts: Article 3 (1), proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act: Article 148-2 (1) of the Road Traffic Act;

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