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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On August 11, 2010, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving), and on May 7, 2014, the Defendant was sentenced to a summary order of KRW 5 million in the same court as the same crime. On October 29, 2014, the Defendant was sentenced to a suspended sentence of two years for six months in imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) and for a violation of the Road Traffic Act (drinking driving).
[2] On April 11, 2017, the Defendant driven DK7 car over about 3 km from the front of the restaurant in which it is difficult to identify the trade name in the art park, and from the front of the restaurant in which it is difficult to identify the trade name in the art park, while under the influence of alcohol content 0.153% during blood transfusion at around 22:35 on April 11, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of a criminal suspect's previous convictions and report on a violation of duty not to drive drinking at least twice);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The sentencing of Articles 53 and 55 subparag. 3 of the Criminal Act (the following sentencing is favorable to the punishment): The fact that the criminal defendant committed a same kind of crime, regardless of his/her name three times as stated in the first head of the judgment, despite the fact that he/she again committed a same crime; the fact that he/she committed a same crime; the fact that he/she did not have any criminal record; the fact that he/she did not have any criminal record; and that there are some circumstances that may be somewhat taken into account in the course of committing a crime; age, sex, occupation, family relationship, property status, etc.