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(영문) 서울중앙지방법원 2018.09.05 2018고단3358
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2007, the Defendant received a fine of KRW 3 million from the Seoul Central District Court to a crime of violating the Road Traffic Act (drinking driving), and on May 11, 2009, a fine of KRW 3 million from the above court due to a crime of violating the Road Traffic Act (drinking driving).

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On February 8, 2018, the Defendant driven the said car while under the influence of alcohol 0.142% during blood transfusion on February 13:25, 2018, and led the two-lane road in the front of Gwanak-gu Seoul Special Metropolitan City, Seoul, to proceed to the erogate distance from the side of the Bora Hospital.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent the accident in advance by accurately manipulating the steering direction and brake system while driving the motor vehicle without driving the motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking.

The Defendant neglected to do so under the influence of alcohol and found that the E-car driven in the same direction as before the Defendant was stopped, and was found to be late due to the fact that the E-car driven in the same direction as before the Defendant was found to be the front part of the Defendant’s car, and the Defendant’s vehicle was shocked to the lower part of the Defendant’s vehicle, and the Defendant stated the victim’s back crime part of the Defendant’s vehicle in the three-day indictment as “two-day indictment,” but appears to be an obvious clerical error in

In order to provide treatment, we suffered fluoral salt fluor, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A written statement on the occurrence of each traffic accident;

1. Statement of the circumstances of the driver who is placed in driving, report on the situation of the driver who is placed in driving, and record of drinking measurement;

1. A medical certificate;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the same type of force);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the traffic of roads;

1. Aggravation concurrent crimes;

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