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(영문) 서울동부지방법원 2013.10.28 2013고단2017
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On July 22, 2003, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 22, 2003; on August 22, 2008, the Defendant was sentenced to a fine of three million won for the same crime, etc. at the Seoul East District Court on August 22, 2008; on June 13, 2012, the Defendant was sentenced to three years of suspension of the execution for one year of imprisonment with prison labor

9. 8. The above judgment becomes final and conclusive and is currently in the grace period, and on August 9, 2013, the Seoul Eastern District Court issued a summary order of KRW 5 million for the crimes of violating the Road Traffic Act.

【Criminal Facts】

On July 9, 2013: (a) around 23:15, the Defendant, while under the influence of 0.084% of blood alcohol concentration, driven a Cysta car owned by B with a blood alcohol concentration at around 0.084%, and led police officers to escape at the speed of about 30km in the direction of the city in the direction of the children’s park where he would cause damage to drinking control.

At the time, at night and there are no lanes, and in such a case, the defendant who is engaged in driving a motor vehicle has the duty of care to prevent accidents by checking well the right and the right of the motor vehicle, as the defendant who is engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected this and caused the 343,316 won to repair the patrol vehicle due to its shock, which was driven by the E-router D in the direction of the Seoul Gangseo Police Station, which was driven by the Defendant at the immediately following due to the sudden negligence to secure the way of escape.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A report on traffic accidents and a report on actual condition;

1. Records of measurement of drinking alcohol, reports on detection of drinking drivers, and circumstantial statements of drinking drivers;

1. Photographs related to accidents;

1. Written estimate;

1. Previous convictions in judgment: References to criminal records, investigation reports, and the period of suspension of execution of investigation reports;

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