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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 27, 2008, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Road Traffic Act at the Ulsan District Court on February 18, 201, and on October 7, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime, etc. at the same court on February 18, 201, and completed the execution of the sentence at the port of port.
On July 21, 2014, at around 22:39, the Defendant driven a Dap car with a blood alcohol concentration of about 0.114% under the influence of alcohol in the 1km section from the front of Ulsan-gu C to the front of the military base located in the same Dong.
Summary of Evidence
1. Statement made by the defendant in the first protocol of trial;
1. Report on the result of the control of drinking driving and the report on the situation of drinking driving;
1. Previous records: References to criminal records, investigation reports (Attachment to attached records of the same kind of ruling, etc.), and application of respective statutes and subordinate statutes;
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. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has reached several times the criminal history of the defendant being punished for traffic-related crimes, such as drunk driving, etc., and the records of the suspended sentence are also two times, and the records of the suspended sentence are also two times. Nevertheless, it is inevitable to sentence him/her due to his/her normal circumstance, such as the fact that he/she has been sentenced to a suspended sentence.
Provided, That the punishment shall be determined as per the disposition in consideration of the fact that the defendant is led to confession and reflect, the age, character, conduct and environment, etc. of the defendant.