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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[M] On November 10, 2006, the Defendant issued a summary order of KRW 1,50,000,000,000 as a fine for a violation of road traffic law in the Daejeon District Court's Branch of the Daejeon District Court on November 10, 2006, and on August 25, 2008, the same court issued a summary order of KRW 3 million as a fine for a violation of road traffic law.
[Criminal facts] On July 4, 2017, the Defendant driven a 2km car in the 2km section B in the direction of a forest apartment site located in the Dong-dong, Nam-gu, Nam-gu, Seoul, with alcohol level of 0.114% in alcohol level among blood transfusion around 23:40 on July 4, 2017.
Summary of Evidence
[Criminal facts]
1. Statement by the defendant in court;
1. A report on the circumstances of driving under the influence of alcohol, a report on the circumstances of the driver under the influence of alcohol, and an inquiry report on the results of crackdown on driving under the influence of alcohol (the records of violating Article 148-2 (1) 1 of the Road Traffic Act);
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Relevant Article and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) of the Act on the Promotion of Game Industry on November 2, 2015, the Defendant was sentenced to a suspended sentence of 8 months for the instant crime committed during the suspended sentence period. As such, the Defendant cannot be sentenced to a suspended sentence of imprisonment with labor for the instant crime committed during the suspended sentence period (based on the time the judgment was rendered). In addition to the first head of the crime, the Defendant is subject to a suspended sentence of imprisonment for two times, and as such, it is inappropriate to re-be sentenced to a fine on the grounds that he/she was sentenced to a fine for a total of four times of drinking.
In addition, the defendant committed a crime of drinking during the period of suspension of execution to be familiar with the defendant.