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(영문) 서울북부지방법원 2015.09.17 2015고단2662
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On December 26, 2006, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Seoul Southern District Court on December 26, 2006.

At around 03:40 on July 1, 2015, the Defendant driven a DNA rocketing car under the influence of alcohol content of 0.239% at the 20m section of the road in the mid-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. Place where the drinking results are measured;

1. Previous convictions indicated in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports (report on the binding of summary orders);

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The degree of alcohol content of the instant case is high, the occurrence of an accident that damages a vehicle parked by driving under the influence of alcohol of the instant case, and the Defendant has many types of crimes including the suspended sentence of imprisonment with prison labor except for the criminal records as stated in its reasoning: The Defendant recognized the instant mistake and reflects it, and the distance of driving under the influence of alcohol of the instant case is very short, etc. In addition, all the sentencing factors prescribed by Article 51 of the Criminal Act, such as the circumstances following the instant crime, circumstances after the crime, the Defendant’s age, character and behavior, environment, occupation and family relation, shall be determined like the order.

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