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(영문) 서울북부지방법원 2016.08.11 2016고단1941
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 21, 2014, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of five million won or more for a crime of violating road traffic laws at the Seoul Northern District Court on February 25, 201, and a fine of one million won or more for the same crime at the same court on February 25, 2014, respectively.

Criminal facts

On May 14, 2016, the Defendant, while under the influence of alcohol of 0.242% during blood transfusion, driven Bschton car from around 1 km section from the Do located in the Gangseo-gu Seoul, Gangnam-gu to the same Gu, Hancheon-ro 1075 front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver engaged in driving;

1. Inquiries about criminal history and application of the Act on Reporting Criminal Investigations;

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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The fact that there exists a history of having been punished several times due to drinking driving, and the circumstances favorable to the point that drinking is high: The point that is against the point that the person is receiving the drinking; and

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