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(영문) 서울북부지방법원 2016.11.08 2016고단3600
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 May 16, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Northern District Court, and on August 2, 2011, the Defendant was issued a summary order of KRW 3 million for the same crime at the Seoul Central District Court. On June 20, 2013, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime at the Seoul Northern District Court.

【Criminal Facts】

On August 11, 2016, at around 06:30, the Defendant driven CMW car under the influence of alcohol content of about 0.141% from the 1km section from the road located in the U.S. child of Gangseo-gu Seoul Metropolitan Government to the same 169 U.S.-ro 169.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as inquiry reports and written judgments;

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 of the criminal records of the defendant with the reason for sentencing under Article 62 (1) of the Criminal Act and the circumstances leading to the instant driving;

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