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(영문) 서울북부지방법원 2016.12.08 2016고단4374
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 27, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Seoul Central District Court, and the summary order of KRW 1.5 million as a fine in the same court on September 7, 2012.

【Criminal Facts】

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act two or more times, the Defendant driven CHJ125T-3 motorcycle while under the influence of alcohol at approximately 200 meters in the section near Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, about August 28, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry reports and summary orders of the same electricity;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act is that the defendant has no criminal record or heavier than that of probation, and the circumstances of the instant driving;

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