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(영문) 서울북부지방법원 2017.01.24 2016고단4816

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 30, 2007, the Defendant was sentenced to a fine of KRW 1,500,000 by the Seoul Northern District Court for a violation of Road Traffic Act (drinking) and a fine of KRW 3,00,000 by the same court on June 26, 2012.

On October 21, 2016, around 23:28, the Defendant driven a Clearning car under the influence of alcohol of about 600 meters from the front of the shooting distance in the mine located in Hancheon-gu Seoul, Gangnam-gu to the road of about 165-ro 3% of alcohol level during blood, from around 600 meters to the road of 165.3% of the same tri-ro.

The defendant of "2016 Highest 5761" is between the victim D (31 tax) and his/her natives.

At around 04:20 on December 10, 2016, the Defendant: (a) around 04:20, at the Fsing room in Gangnam-gu Seoul Northern District E, the Defendant got time from the injured while playing together with the injured; (b) on the ground that he was offered a proposal, a person was at home, resulting in a trial cost to put the back head of the injured; (c) put the back head on the back of the injured; and (d) put the face of the injured on the back of the drinking house into another drinking on the back of the ship; and (d) opened the victim’s head (f) with the hand saw, she was injured by two 2 weeks on the part of the injured; and (e) laid the victim’s head (f) puts the victim’s head (f) with the hand.

Summary of Evidence

"2016 Highest 4816"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. References to inquiries about criminal history, reports on investigation, "2016 Highest 5761";

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 257 (1) of the Criminal Act (the point of injuring) of the same Act, and the choice of imprisonment for each sentence;

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

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

1. Normal circumstances that are advantageous to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that there is a reflectivity, and that there is an agreement with the injured party about unfavorable circumstances: The fact that the injured party has been punished twice by driving alcohol and four times by violent crimes; and