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(영문) 의정부지방법원 2016.11.04 2016고단3186
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 January 26, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Incheon District Court, and on March 15, 2012, the same court issued a summary order of KRW 7 million for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 22, 2016, at around 21:35, the Defendant driven B Lone Star car with a blood alcohol content of about 25 km from around the 25km section to the adjacent road of the Dobong-si Seoul Metropolitan Urban Railroad Corporation, Dobong-si.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. No driver of any motor vehicle, etc. who has violated the Road Traffic Act shall threaten or threaten another person, or cause any danger to traffic, by consecutively committing two or more acts in violation of speed, ensuring a safe distance or prohibition of changing course, or by continuing or repeatedly committing any act;

Nevertheless, the Defendant, at the time and place of Paragraph 1, failed to comply with the traffic police officer’s drinking control and escaped, and proceeded with the road with the restricted speed of about 80 km a speed of 160km a speed by driving the said Cost 80km a speed, while driving the vehicle in the same direction without securing the direction direction, etc., and driving the vehicle in the same direction repeatedly without turning on the direction direction, thereby causing danger to traffic by repeatedly changing the lane.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on internal accidents, and inquiry into the results of the control of drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (not less than twice checking records of drinking driving);

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