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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
[criminal history] On July 4, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving alcohol), and on December 24, 2009, the Defendant was issued a summary order of KRW 2.5 million for the same crime in the same court on December 24, 2009. On November 26, 2013, the same court was sentenced to a suspended sentence of KRW 10 million for a period of ten years for the same crime, and was sentenced to a fine of KRW 10 million for the same crime in the same court on August 17, 2015.
[2] Notwithstanding the fact that the Defendant had been punished twice or more due to drinking driving, the Defendant driven a DNA-type car from the section from the Young-si B to the front road of the Young-si, Suwon-si, Suwon-si, the alcohol level of which is 0.199% under the influence of alcohol during the influence of alcohol at around 14:20 on September 22, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Statement report, etc. on the situation of the driver at home;
1. Field photographs, etc.;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (applicable to the same type of crime);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.
The defendant is deeply divided into and reflected in the crime of this case.
The defendant has no previous convictions of imprisonment.
The defendant is in a position to support his/her family, including his/her young children.
Circumstances unfavorable to the defendant are as follows:
In 207 and 2008, as stated in the record of the crime in the decision of the defendant, there are two-year suspended sentence in October of 2009 due to the punishment of the fine and the driving of the light drinking in 2009.
The defendant was sentenced to imprisonment with prison labor as above and was detained for six months in the first instance trial while driving again during the suspension period, and was sentenced to a fine in the appellate trial.