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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Records] The defendant was sentenced to imprisonment with prison labor for six months and two years of suspended execution for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of Road Traffic Act at the Seoul Northern District Court on January 16, 2014.
1. 24. The above judgment was finalized, and on June 24, 2015, the Seoul Northern District Court sentenced a fine of two million won as a crime of violating Road Traffic Act (drinking driving) at the Seoul Northern District Court on June 24, 2015, and the above judgment is the same
7.2. Finality has been established.
[Criminal facts] On November 3, 2015, the Defendant driven a E-car on the front of the D hotel located in Seocheon-gu, Seocheon-si C while under the influence of alcohol content of 0.07 percent in blood around 23:47 percent.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement under the circumstances of driving at home;
1. Written response to a request for appraisal;
1. Previous convictions: A reply to inquiries, such as criminal history, reference data of the case, and application of final and conclusive statutes;
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 same year where the defendant, on the grounds of sentencing under Articles 53 and 55(1)3 ( considered favorable to the defendant), had a record of criminal punishment for driving under drinking on several occasions; on January 16, 2014, he/she was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (harm or injury caused before the risk), and a violation of road traffic law (driving), and on the grounds of a suspended sentence, he/she was sentenced to two years of a suspended sentence on March 18, 2015 during the suspended sentence.
6. The sentence of a fine of 24.2 million won was imposed, and the sentence is to be imposed in the same way as the order, taking into account the favorable sentencing factors, such as the fact that the Defendant is supporting his family members, and that the amount of alcohol content is not high at the time of the instant crime.