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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
[criminal history] On April 6, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the support for the development of the Sugwon method, and on June 14, 2016, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court.
[Criminal facts] On February 3, 2018, the Defendant driven a DNA Grand Corresponding on the roads near Masung City, while under the influence of alcohol level of 0.107% among the blood transfusion around 04:53 on February 3, 2018
Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving the car under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. 112Notification of departments related to reporting and notification of the results of regulating drinking driving;
1. On-site photographs;
1. Investigation report (No. 13, No. 18);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);
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. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.
The defendant is divided into and reflected in the crime of this case.
The defendant does not have any criminal record exceeding a fine due to drinking, and there is no criminal record of imprisonment.
The defendant is in the position to support his family.
Circumstances unfavorable to the defendant are as follows:
The Defendant seems to have been under the influence of alcohol while stopping a vehicle on the delivery, while driving a vehicle (the Defendant was a substitute driver) and was under the influence of alcohol (the Defendant was staying home).
The Defendant, as indicated in the record of the crime, has been sentenced to a fine twice due to drinking, as stated in the ruling.
The defendant is under the influence of alcohol two times in 2017.