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(영문) 서울북부지방법원 2016.05.26 2016고단970

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 24, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violation of road traffic law at the Seoul Northern District Court, which was sentenced to a summary order of KRW 2 million for a crime of violation of road traffic law at the Seoul Northern District Court on November 2, 2009, and a summary order of KRW 7 million for a crime of violation of road traffic law at the Seoul Northern District Court on February 24, 2015.

[2] On March 1, 2016, the Defendant was under the influence of alcohol content of 0.089% in blood at around 02:04, the Defendant driven D SP car at the section of about five meters from the 152-37-ro, Dobong-gu, Seoul to the 152-39-ro, Dobong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has no criminal record or heavier than that of probation, and the circumstances leading to the instant driving, etc.