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(영문) 서울북부지방법원 2016.05.26 2015고단4317
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On March 28, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating road traffic law at the Suwon Flag Flag, and was sentenced to a summary order of 3 million won for the same crime at the Seoul Central District Court on October 30, 2009, and was sentenced to a fine of 6 million won for the same crime at the same court on July 26, 2013.

[2] On October 15, 2015, the Defendant driven a motor bicycle under the influence of alcohol of about 1km from the 1km section of approximately 0.141% of alcohol while under the influence of alcohol on the roads near the Suwon-dong, Dongdaemun-gu Seoul Metropolitan Government Medical Center to the 211st road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as text of a summary order and judgment, criminal history, etc.;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has no criminal record or heavier than that of probation, and the circumstances leading to the instant driving, etc.

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