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(영문) 서울북부지방법원 2015.12.10 2015고단3595
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 becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 5, 2009, the Defendant was punished by a fine of three million won or more for a violation of the Road Traffic Act at the Seoul Northern District Court on September 5, 2009, and a fine of one million won or more for the same crime in the same court on September 28, 2006.

【Criminal Facts】

On September 16, 2015, at around 22:55, the Defendant driven CK7 car under the influence of alcohol with 0.085% alcohol concentration from approximately 100 meters to approximately 0.085% while under the influence of alcohol, from the fest part of the divers of the diversary day located in Hancheon-ro 962-ro, Hancheon-gu, Seoul, Hancheon-ro, 122-ro, 200.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. Before judgment: References to criminal records and investigation reports (previous and confirmations) and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. In addition, considering favorable circumstances, such as the circumstances leading to the instant crime, the circumstances following the instant crime, the Defendant’s health condition and the Defendant’s age, character and conduct, environment, occupation, family relation, etc., where the sentencing of Article 62-2 of the Criminal Act is a majority of the criminal records of a fine of the same kind imposed on the Defendant for the reason of sentencing, and the fact that the Defendant has committed a suspended sentence of imprisonment due to the crime committed against himself/herself, but the Defendant recognized his/her mistake and reflects himself/herself, and that the distance of drinking driving of the instant case is not long, the sentence shall

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