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(영문) 서울북부지방법원 2017.01.17 2016고단5135
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On August 29, 2006, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating road traffic laws at the Jung-gu District Court on August 29, 2006. On October 4, 2011, the Defendant was sentenced to a suspended sentence of 4 months for the same crime by the same court.

[2] The Defendant 1 driven BNEW EF rocketing or other vehicles under the influence of alcohol content of about 0.120% from the 1km section of Dongdaemun-gu, Seoul to the 38-1st road of about 37-ro 47, 2016, despite the fact that there was a history of violating Article 44(1) of the Road Traffic Act twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of a report on detection of drivers of alcoholic beverages and of measurement records of drinking alcohol;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry, reply, and like electric records;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Taking into account the criminal records of the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act;

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