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(영문) 서울북부지방법원 2016.09.01 2016고단2372
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 22, 2006, the Defendant received a summary order of one million won or more for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on November 28, 2008, a summary order of one million won or more for the same crime at the Seoul Northern District Court on November 28, 2008, and a summary order of three million won or more for the same crime at the same court on March 24, 2010, respectively.

【Criminal Facts】

On May 10, 2016, the Defendant was under the influence of 0.126% of blood alcohol concentration around 23:2 on May 10, 2016, and was driving the B Sti-type car from the front parking lot of 415-7, Dongdaemun-gu, Seoul, Dongdaemun-gu to the front road of 421, as Dongdaemun-gu, Seoul, Dongdaemun-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry of the results of the drinking driving control, and a log of drinking measurement records;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

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 of the instant driving;

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