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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal history] On December 27, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a violation of road traffic laws in the Gunsan Branch of the Jeonju District Court, and on January 14, 2015, the Defendant was sentenced to a suspended sentence of 1 year for a violation of road traffic laws (driving) by the same court.
[Criminal facts] On March 20, 2018, around 14:20 on March 20, 2018, the Defendant driven a car prior to Furur while under the influence of alcohol level of about 0.161% during blood alcohol level from the Gunsan-si apartment to the parking lot of the Gunsan-si Police Station.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report, accident photograph, statement report on the circumstances of the driver placed in the main place, investigation report (report on the circumstances of the driver placed in the main place), and drilling report;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (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 Act on Reduction of Small Amount of Punishment is that the defendant repents and reflects the defendant's wrong facts. However, it is a favorable circumstance that the defendant committed the crime in this case even though he had a large number of past records of punishment due to drinking driving and was placed prior to the suspension of the execution of imprisonment, and the defendant again committed the crime in this case.
The punishment shall be determined as ordered in consideration of such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.