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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal power] On March 28, 2007, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Jeonju District Court's Jeonju branch court's support. On March 26, 2013, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution.
【Criminal Facts】
On June 15, 2019, at around 01:45, the Defendant driven a F Lastren car in the state of alcohol alcohol concentration of about 0.093% from the 1km section from the roads near Gwangju Northern-gu, to the roads near the E Hospital located in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the result of crackdown on drinking driving;
1. Previous convictions in judgment: Criminal records, and replys to inquiries, one copy of the judgment, and one copy of the summary order;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Serious punishment is required for repeated drinking driving in light of the social risks of the crime of driving under the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act.
I would like to say.
However, if the defendant has long history, he had been punished three times prior to the crime of this case or for drinking driving, and among which, one time of traffic accident, the defendant was subjected to suspended execution.
Nevertheless, the Defendant driving a vehicle without any reflector while drinking, and the crime of this case is not good and the risk of recidivism of the Defendant cannot be deemed to be low.
Even if considering the favorable circumstances such as the fact that the defendant acknowledges and reflects his mistake, the sentence of imprisonment is necessary due to punishment corresponding to the defendant's act.
In addition, the blood alcohol concentration, the details of the drinking driving, the distance and place of the drinking driving, and the relocation thereof.