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(영문) 서울북부지방법원 2017.03.23 2016고단5521
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 18, 2006, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act in the Seoul Eastern District Court on August 18, 2006, and was sentenced to a fine of one million won in the same court on August 31, 2012, three previous criminal records of the same kind, such as being sentenced to a fine of one million won for the same crime.

On July 13, 2016, around 04:16, the Defendant driven a C non-Mable car with a alcohol content of about 0.169% 0.169% under the influence of alcohol in the section of about 100 meters from the front of 331, Nowon-gu, Seoul Special Metropolitan City Nowon-gu, to the front of 330 street street.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and criminal investigation reports (Attachment to summary orders, etc.);

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has a record of being sentenced to a fine twice due to the previous drinking driving, and the Defendant again committed the instant crime even though he was under control by drinking driving even two days prior to the occurrence of the instant case, considering the unfavorable circumstances, such as the Defendant’s blood alcohol concentration at the time of the instant crime, the Defendant recognized the instant crime, and reflects the mistake, and there are family members to support the Defendant.

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