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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On May 1, 2014, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court on May 1, 201, and on April 15, 2015, issued a summary order of KRW 3 million for the same crime at the Sungnam Branch of Suwon District Court on April 15, 2015, and on April 6, 2017, the Defendant was sentenced to two years of imprisonment for the same crime at the Seoul East Eastern District Court on September 20, 2018.
On February 23, 2019, at around 02:29, the Defendant driven CK9 car with approximately 500 meters alcohol concentration 0.132% while under the influence of alcohol on the section of approximately 500 meters from the roads near the Seoul Songpa-gu to the roads near the Seoul Songpa-gu Police Station located in 221 as Seoul.
As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);
1. Previous records: Criminal history records, inquiry reports, and the application of Acts and subordinate statutes on personal confinement status;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;