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(영문) 서울북부지방법원 2017.01.19 2016고단4849
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 December 18, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law at the Seoul Northern District Court (drinking driving), and on February 13, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court.

[Criminal facts] On July 31, 2016, around 11:26, the Defendant driven a BP passenger car in the state of alcohol alcohol 0.136% during blood while under the influence of alcohol from around 1k to the roads front of the Dong-dong, Jung-gu, Incheon, Jung-gu to Dong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, and a report on the detection of the driver involved;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 criminal records of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, and the circumstances of driving of this case, etc.;

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