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(영문) 서울북부지방법원 2016.06.09 2016고단1250
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

On January 11, 2011, the Defendant received a summary order of fine of two million won for a crime of violating the Road Traffic Act at the Seoul Central District Court, and a summary order of two million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on August 25, 2011.

On March 25, 2016, at around 00:20, the Defendant driven B rocketing car under the influence of alcohol content of about 500 meters from around 666 meters to the front road of the relevant school post office located in 686-ro Dobong-ro, Dobong-gu, Seoul, Seoul, to the Dobong-ro 666.

Accordingly, even though the Defendant, while under the influence of alcohol, was in violation of the Road Traffic Act more than twice, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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 defendant's reason for sentencing under Article 62 (1) of the Criminal Act does not have any criminal record of a suspended sentence or heavier for violating traffic laws on roads, and the circumstances of driving in this case shall be taken into account;

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