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(영문) 서울북부지방법원 2016.09.22 2016고단2437
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 22, 2007, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) on October 10, 2012 from the Sungnam Support, which was issued on October 10, 2012.

On May 23, 2016, at around 03:11, the Defendant driven C’s 4 car while under the influence of alcohol content of about 0.110% in the 5km section from the front parking lot of “Yanansan mountain site” located in 191-8, Samyang-ro, Seoul, 191-8, to the 03:2nd day from the day to the 277-1nd day, Gangnam-gu, Seoul.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. References to inquiries about criminal history, application of investigation reports (former and previous Acts and subordinate statutes);

1. The relevant Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, imprisonment with prison labor for a crime selected by means of the relevant Act and the selective punishment;

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 a person has been subject to four times of punishment due to driving of alcohol, the fact that the person is against the fact that he/she has been subject to more than four times of punishment due to his/her blood alcohol concentration, and that he/she has no previous conviction or

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