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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On September 2, 2015, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court on September 2, 2015, and on September 27, 2016, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act at the Ulsan District Court on September 27, 2016 and the said judgment became final and conclusive on October 5, 2016.
【Criminal Facts】
On October 11, 2018, at around 00:51, the Defendant driven a B-in vehicle under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.132% from a Do near a mutually unstable restaurant in Ulsan-gu to the front road of the agricultural and fishery product market in Ulsan-gu.
As a result, the Defendant had been punished more than twice for the violation of the Road Traffic Act (driving). However, the Defendant driven the above vehicle while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Records of judgment: Criminal history records, the list of related cases, the summary order, and the application of statutes governing judgment;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the grounds for discretionary mitigation)
1. The sentencing criteria are not set for offenses of violation of the Road Traffic Act;
2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.
There is no past record of criminal punishment of imprisonment without prison labor or heavier punishment or criminal punishment for a crime of double-class.
Defendant confessions and reflects a crime.
◎ 피고인에게 불리한 정상은 다음과 같다.
The defendant has three criminal records related to the operation of the vehicle.
【Violation of the Road Traffic Act(LA) and the violation of the Road Traffic Act(LA). One time the suspension of the execution of imprisonment due to the violation of the Road Traffic Act(LA).