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(영문) 서울북부지방법원 2017.01.12 2016고단3607
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

[criminal history] The Defendant is a person who was sentenced to a fine of KRW 2 million in the Seoul Northern District Court on May 13, 2010 and a fine of KRW 1.5 million in the same court on December 18, 2015 for the same crime.

[2] On August 18, 2016, at around 23:04, the Defendant driven a B-type car under the influence of alcohol concentration of approximately 0.084% in blood, from around the new market located in 5-lane 9, Dobong-gu Seoul Metropolitan Government, to the 315-ro, such as the same mouth, even from around 400 meters to the west-ro, while driving a B-type car under the influence of alcohol concentration of about 0.084% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. References to inquiries, such as criminal history, and application of the Act on Report of Investigation;

1. Relevant provisions of the Act 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. 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 being punished twice due to drinking driving, and that there is no previous record of criminal punishment exceeding the fine, and that there is no previous record of criminal punishment exceeding the fine;

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