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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 20, 2008, the Defendant was sentenced to a summary order of KRW 2 million for each of the same crimes at the Changwon District Court on April 4, 201, and on June 11, 2013, the Defendant was sentenced to a suspension of the execution of imprisonment for six months at the Busan District Court on June 19, 201, and the judgment became final and conclusive on June 19, 2013.
On May 25, 2014, the Defendant, while under the influence of alcohol content of 0.098% during blood transfusions around 05:28, driven a Cranx EX on a approximately 50-meter section from the front side of the uniforms located in the Busan-gu Busan-dong to the front side of the mutually beneficial bridge located in the same Dong and located in the same Dong.
Accordingly, the Defendant violated it more than twice even though he was prohibited from driving a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the criminal place, report on the situation of driving under the liquor, report on the situation of the driver under the influence of alcohol, and the result of crackdown on driving under drinking (the person on June 3, 2014);
1. Previous convictions: A reply to inquiry, such as criminal history, a copy of the judgment of the Busan District Court 2013 High Order 1128 High Order, and a copy of each summary order applicable by statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The defendant, who committed a crime of the same kind during the period of suspension of execution, was sentenced to a criminal punishment against him/her for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances considered as the following grounds for sentencing).
Provided, That the punishment shall be determined by reducing the amount of punishment in consideration of the circumstances, such as the confession, drinking volume, driving distance, etc. of the defendant.