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(영문) 서울북부지방법원 2016.10.06 2016고단3211
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, at the Seoul Northern District Court on July 11, 2007, is a person who violated Article 44(1) of the Road Traffic Act by being notified of a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on November 16, 2009, a fine of one million won for the same crime at the same court on November 16, 2009, and a summary order of five million won for the same crime at the same court on January 25, 2013, respectively.

On June 16, 2016, at around 23:16, the Defendant driven a falp vehicle B while under the influence of alcohol leveling 0.147% in the 2km section of approximately 2km at the front road of Seoul, Nowon-gu, Seoul, Nowon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons of sentencing under Article 62 (1) of the Criminal Act: The fact that there exists a history of five times of punishment due to drunk driving, the circumstances favorable to the fact that blood alcohol concentration is high: The fact that there is no criminal record exceeding the fine, and that there is no criminal record exceeding the fine; and

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