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(영문) 서울북부지방법원 2016.10.11 2016고단2794

도로교통법위반(음주운전)

Text

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

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

[criminal power] On December 22, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court, and a summary order of KRW 5 million for the same crime at the same court on December 18, 2012.

【Criminal Facts】

On May 22, 2016, at around 01:45, the Defendant driven a B K5 car under the influence of alcohol content of about 300 meters at around 01:50 meters from the front of the 389 tin building in Jung-gu, Seoul to the front of the 5-lane 12nd road of the 5-ro, Jung-gu, Seoul.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Facts charged by the suspect - Confirmation of driving distance;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Consideration, such as the fact that the defendant had no criminal record of the suspended sentence or heavier for the reason of sentencing under Article 62(1) of the Criminal Act, the blood alcohol concentration in the instant case, the driving background in the instant case, and the occurrence of traffic accident due to the instant