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(영문) 서울북부지방법원 2016.08.25 2016고단2120

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 17, 2007, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on November 5, 2014 to a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving), respectively.

On May 12, 2016, around 00:41, the Defendant driven a c-hurbh motor vehicle under the influence of alcohol content of about 10km from the northwest-dong, Seodaemun-gu, Seoul to the west-gu, Seoul, west-ro, 202 to the front of the 202 salary class.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol and again driven a motor vehicle while under the influence of alcohol, even though it violated the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about criminal history, response to inquiries about criminal history, and the application of statutes;

1. The relevant Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, imprisonment with prison labor for a crime selected by means of the relevant Act and the selective punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that the nature of the crime is pleasureed by committing the crime in this case, the degree of alcohol concentration in the blood is high: The fact that there are no criminal records of suspended execution or higher, and that there are no criminal records of a suspended execution or higher;