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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On January 21, 2016, the defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act at the Daejeon District Court on January 21, 2016, and the same force has been added to four times.
On January 13, 2020, at around 06:15, the Defendant driven the EMW car while under the influence of alcohol 0.170% of blood alcohol concentration at approximately 500 meters from the 500-meter section from Da to D’s neighboring roads.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on the occurrence of traffic accidents, reports on traffic accidents (1) (2) (1) (2), reports on the circumstantial statements of drivers, investigation reports (report on the circumstances of drivers), investigation reports ( listening to the statement of a police officer called out at the time of measuring the alcohol of a suspect), investigation reports (report on the phone statement of a police officer called out at the time of measuring the alcohol of
1. The CD;
1. Notification of the results of the drinking driving control, report processing sheet for 112 reported cases, inquiry of the results of the drinking driving control (Evidence No. 17 pages), response to emergency medical services according to the request for investigation cooperation and emergency medical services;
1. Previous convictions as stated in the judgment: Criminal history records, inquiry reports (A), Daejeon District Court Decision 2015 high-ranking 3908, Daejeon District Court Decision 2015 high-ranking 3908, Summary Order 2010 high-ranking 2010 high-ranking 16496, Summary Order 207 high-ranking 9624, Daejeon District Court Decision 2005 high-ranking 22193, Summary Order 205 high-ranking 205 high-ranking 22193, and each of the provisions of the Acts and subordinate statutes shall apply;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the defendant is able not to drive under the influence of alcohol again as he or she has divided his or her mistake into depth and does not drive under the influence of alcohol again. While the defendant committed the instant crime, although he or she did not cause any harm to human life even though he or she had committed the instant crime, etc., it is favorable to the defendant.
On the other hand, drinking driving is another person's life.