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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On February 25, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court on May 10, 2013, and a fine of KRW 1,500,000 for the same crime at the same court on May 10, 2013, and on September 26, 2013, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, including where he/she was sentenced to a suspended sentence of imprisonment for the same crime in the same court on September 26, 2013.
[2] On June 3, 2016, the Defendant: (a) around 23:40, the Defendant driven a car of soft-burged with alcohol content of about 1km from around 1km to around the way to the front side of the Seo-gu branch church in the same Dong-dong in Seo-gu, Seo-gu, Gwangju to approximately 0.147% under the influence of alcohol content.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes (report on attachment of judgment related to driving of suspect drinking);
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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is to have been sentenced to a suspended sentence for a year 2013 due to driving under the influence of alcohol, etc.
In blood, alcohol concentration is high.
It is inevitable to sentence sentence in light of such unfavorable circumstances.
However, in depth, the fact that the instant crime does not lead to a traffic accident, etc. shall be considered as favorable circumstances.
In addition, comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).