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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
【Criminal Records of Crimes】 On July 18, 2012, the Defendant was sentenced to a fine of eight million won as a crime of violation of road traffic law at the Changwon District Court’s Changwon District Court’s branch for eight months of suspension of execution, a crime of violation of road traffic law (driving) at the Changwon District Court’s Changwon District Court on December 12, 2013, and a crime of violation of road traffic law (licensed driving).
【The Defendant driven an EM5 vehicle under the influence of alcohol content of approximately 0.067% during blood from around August 19, 2018 to the roads of D church located in Ulsan-gun, Ulsan-gu, Seoul-do. From around August 19, 2018, the Defendant driven an EM5 vehicle under the influence of alcohol content of approximately 0.067% during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking, statement of the situation of the driver driving, and inquiry of the results of regulating driving of drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the same kind of force);
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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act to reduce the amount of a fine is not high in alcohol level among the blood of this case, and the disposal of the automobiles as indicated in the judgment is a favorable condition. However, in addition to the criminal records as indicated in the judgment, the Defendant was punished by a fine on May 10, 2010 as a crime of violating the Road Traffic Act (dacting) on August 23, 2010, and a crime of violating the Road Traffic Act (dacting). The Defendant was sentenced to a fine on August 23, 2010 as a crime of violating the Road Traffic Act (dacting) on March 2012 as stated in the judgment. The Defendant was sentenced to a three-dimensional punishment for driving on the road of 2012 as stated in the judgment. In particular, the Defendant was sentenced to imprisonment with prison labor for a second five-year period of driving on the road of 3rd in the judgment and was sentenced to a suspended sentence of 10-year.