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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 18, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on December 28, 2016, at the Seoul Central District Court issued a summary order of KRW 5 million for a violation of the Road Traffic Act, and on April 11, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment with labor for a violation of the Road Traffic Act.
On November 24, 2019, around 04:28, the Defendant driven a F Uidi A4 car in the state of alcohol alcohol concentration of approximately 0.116% in the section of approximately 15km from the front road of Songpa-gu Seoul Metropolitan Government to the D apartment E-dong underground parking lot in Namyang-si, Namyang-si.
As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;
1. Application of criminal records, reply reports, and summary order statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant again commits the crime of this case even though he had a criminal record of several same kind, including a criminal record before probation, the defendant's criminal record of the same kind of criminal record, the defendant's blood alcohol concentration was considerably high, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and other conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered in consideration of the above conditions of sentencing.