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(영문) 의정부지방법원 2013.11.15 2013고단3127
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 April 6, 2009, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court on April 6, 2009, and on August 11, 2011, the Defendant was sentenced to a fine of four million won due to the same crime at the Seoul Northern District Court on the same day.

1. The defendant is a person who violates the Road Traffic Act (non-accident) and is engaged in driving a motor vehicle by obtaining a franchise;

At around 15:00 on August 23, 2013, the Defendant, while under the influence of alcohol with 0.164% of blood alcohol content, proceeded with one lane from the border station on the side of the Cheongbuban, the Cheongbu District Government, 210-30, the Cheongbu District, the Cheongbuba, the Cheongbuba, the Cheongbu, the Cheongbu, the Mabuba City Government,

At this point, on-and-off signal is an intersection where traffic is frequent, and in such a case, when a person engaged in driving a motor vehicle intends to enter the intersection at the same time, there was a duty of care to yield the course to the right side of the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving along the intersection as it was, and the Defendant got off the victim C-driving D, who proceeded to the port from the right side of the Defendant’s running along the intersection to the port, to the right shoulder of the Defendant’s vehicle.

Ultimately, even though the Defendant damaged the damaged vehicle by the negligence in the course of performing such occupational duties to take an amount equivalent to KRW 975,372, such as the exchange of post-art vehicles, the Defendant immediately stopped and escaped without taking relief measures, etc.

2. On August 23, 2013, the Defendant: (a) was under the influence of alcohol with a blood alcohol content of 0.164% at around 15:00 of the same day from the roads near the water station located in the Government-si Port at around 14:50 on August 23, 2013; and (b) was under the influence of alcohol with a blood alcohol content of 0.164% at around 15:0 on the same day; and (c) was under the influence of alcohol without obtaining

Summary of Evidence

1. Defendant's legal statement;

1. C.

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