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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On November 23, 2006, the defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on November 23, 2006, and a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) at the Suwon District Court on March 16, 2007.
【Criminal Facts】
around 23:20 on September 26, 2018, the Defendant driven a FMW 528i car under the influence of alcohol concentration of about 130 meters from the parking lot in Suwon-si, Suwon-si, to the Ethy on the same day from around 23:23:23 on the same day.
Accordingly, the Defendant, who violated the prohibition on driving a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol.
On September 22, 2018, the Defendant driven the FMW 528i car under the influence of alcohol content of about 0.119% from a section of approximately 100 meters from a water viewing parking lot of KRW 241 to a water viewing road of KRW 100,00,00 in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul, to the front day of the above water viewing.
Summary of Evidence
"2018 Highest 5840"
1. Defendant's legal statement;
1. Report on the occurrence of the case;
1. Notice of records of the measurement of drinking alcohol, results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation report (report on the status of drinking drivers);
1. Records of judgment: Criminal history records, etc. inquiry report (A), investigation report (criminal records for sound driving);
1. Defendant's legal statement;
1. Reporting on detection of a host driver;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Written appraisal of blood alcohol and notification of the control of drinking driving (blood collection result);
1. Records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 201) regarding criminal facts.