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(영문) 서울북부지방법원 2016.02.02 2015고단4121
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On December 19, 201, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court of Seoul to a fine of KRW 1.5 million, a summary order of KRW 7 million from a fine of KRW 1.5 million due to a violation of road traffic laws (driving), and a fine of KRW 2.5 million from the Seoul Northern District Court of Seoul to a fine of KRW 1.5 million on July 19, 201, respectively. On March 28, 2013, the Defendant was sentenced to a suspended sentence of imprisonment with labor for a violation of road traffic laws (driving) at the Seoul Northern District Court of Seoul Northern District Court of Seoul to a fine of KRW 2.5 million.

[2] Although Defendant 1 had been punished as a crime of violating the Road Traffic Act (drinking) on at least two occasions, Defendant 2 driven a C-hurged vehicle with approximately 1.5m alcohol concentration at the section of approximately 0.129% during blood alcohol level from around November 7, 2015 to around 254 in the Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, while under the influence of alcohol leveling from around 0.129%.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A survey report on actual conditions;

1. List of drinking numerical records;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: A reply to inquiry about criminal history, reporting of the previous convictions in disposition, results of confirmation, and application of statutes governing the judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the protection and observation is that the Defendant committed the instant drinking alcohol driving even though he/she could have committed the same kind of crime as indicated in its reasoning, and the alcohol concentration in his/her blood was considerably high, but the instant drinking driving is somewhat weak, but the traffic accident caused by physical damage (the instant traffic accident was completely agreed with the victim), and the Defendant recognized his/her mistake and reflects it, and the vehicle operated by the Defendant.

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