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(영문) 서울북부지방법원 2017.03.14 2016고단5398
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 August 12, 2013, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1.5 million due to a violation of road traffic laws at the Jung-gu District Court on August 12, 2013 and a fine of KRW 1.5 million due to a violation of road traffic laws at the Seoul Northern District Court on May 27, 2015.

On November 20, 2016, the Defendant driven approximately 100 km B AD vehicles from the Hanwon-dong located in Gwangjubuk-gu to the Hanan-dong Nandong located in Yanan-si, Yanandong-si, Yanandong-si, in a state of alcohol of 0.157% of alcohol content among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to the summary order of the case related to the suspect), and the text of each summary order;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a lecture or an order to provide community service under Article 62-2 of the Criminal Act driving a long distance with the reason of sentencing and not lowering the drinking volume, but selling a motor vehicle and not driving a motor vehicle in the future as it is against the nature of the order;

consideration of any fact described therein

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