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(영문) 서울서부지방법원 2015.02.12 2014고단2121
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2009, the Defendant was sentenced to a fine of 500,000 won for a violation of the Road Traffic Act at the Seoul Northern District Court on July 16, 2009, and a fine of 5 million won for a violation of the Road Traffic Act at the Seoul Western District Court on September 13, 2010, respectively.

On July 15, 2014, at around 19:59, the Defendant driven a car with C low-speed over a section of about 1.0km from the Maam-dong site in Eunpyeong-gu Seoul to the front of the modernization road of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, with a alcohol concentration of 0.190%.

On July 11, 2014, the Defendant: (a) around 20:15, 2014, at the E parking lot located in Eunpyeong-gu Seoul Metropolitan Government D, put the victim F (59 years of age) who is a parking manager and the victim's face unhicked. (b) On July 11, 2014, the Defendant lost the victim's face.

Although the Defendant continued to use the Defendant’s vehicle in a narrow space between the Defendant’s vehicle and the vehicle parked next to the Defendant’s vehicle and it was sufficiently known that the victim may suffer an injury in the event of leaving the vehicle. However, despite the Defendant’s vehicle, the Defendant’s left rear wheel of the said vehicle took the victim’s left blue.

As a result, the Defendant carried a motor vehicle, which is a dangerous object, and inflicted an injury on the victim, such as a manager of the unit in need of treatment for about three weeks.

Summary of Evidence

"2014 Highest 2121"

1. Legal statement of witness G;

1. Making a report on the control of drinking driving;

1. Criminal records "2014 Highest 2561";

1. Each legal statement of witness F and H;

1. The CD;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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