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(영문) 서울북부지방법원 2016.11.24 2016고단3998

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On January 19, 2012, the Defendant was issued a summary order of KRW 3.5 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act (driving). On November 20, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and two years of probation for the same crime in the same court.

【Criminal Facts】

On July 15, 2016, the Defendant was under the influence of alcohol with 0.249% of blood alcohol concentration around 02:35 on July 15, 2016, and the Defendant driven the Fro-purd vehicle over approximately 1.3km from the 45-ro 145-gil, Dobong-gu, Seoul to the 15-ro 14-km-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry of the results of the drinking driving control and notification of the results of the drinking driving control;

1. Previous records of judgment: Application of criminal records, investigation reports (the records of drinking driving and the period of suspended execution not less than twice) and Acts and subordinate statutes;

1. The fact that the defendant recommits the crime of this case during the suspended execution period for the reasons for sentencing of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (Optional to Imprisonment) concerning the crime of this case, and the blood alcohol concentration of this case shall be taken into account.