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(영문) 서울북부지방법원 2016.11.17 2016고단3947
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

On October 9, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Seoul Northern District Court, and on January 22, 2008, the same court was sentenced to a suspended sentence of Article 44(1) of the Road Traffic Act for the same crime on at least two occasions in October, 208. However, on August 16, 2016, the Defendant driven a motor bicycle of approximately 500 meters in the direction of approximately 140 meters in the north-gu Hancheon-gu, Gangnam-gu, Seoul, Seoul, while under the influence of alcohol concentration of KRW 0.182% in alcohol on the road from approximately 50 meters in the direction of approximately 50 meters to about 21, the Defendant was sentenced to a suspended sentence of ten or more times in October 22, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The application of the Acts and subordinate statutes for inquiry reports and investigation reports;

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 it reflects the fact that it has been punished three times due to drinking driving, and that it has been punished once due to refusal to measure drinking: The fact that it is against the situation; and

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