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(영문) 서울북부지방법원 2016.08.11 2016고단1652
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 October 14, 2013, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic law at the Seoul Western District Court on the same day, and on December 20, 2013, the Defendant was sentenced to a fine of seven million won for the same crime at the Seoul Northern District Court on the same day, and three previous criminal records of the same kind were sentenced to a fine of seven million won for the same crime.

Criminal facts

On April 10, 2016, around 06:32, the Defendant driven a B-learning car under the influence of alcohol with approximately 0.077% alcohol concentration in a section of about 30km from the front side of the Dong-dong apartment complex 103, the 105-ro, Gangnam-gu, Seoul, Seoul, to the front side of the Seoul Charges.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Relevant legal provisions 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 reasoning of sentencing under Article 62(1) of the Criminal Act: A sentence the same as the order shall be imposed in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc., that the defendant has been sentenced three times to a fine due to a violation of traffic laws on roads: The defendant is against himself/herself and the defendant is going not to drive drinking again;

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