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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 July 2, 2003, the Defendant was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Southern District Court of the Jeonju on July 2, 2003, and was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the Jeonju District Court of July 21, 2003. On July 20, 2005, the same court was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court of Daejeon on July 5, 2007, and was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court of the Jeonju on January 9, 2008.
【Criminal Facts】
around 17:50 on March 14, 2019, the Defendant driven C Coindo SUV vehicles with a blood alcohol concentration of about 0.164% at the section of about 10km from the place of residence of the Defendant, located in the 17:50-year Net Chang-gun, Jeon Chang-gun, to the parking lot of the net police station located in the Jeon Chang-gun, Jeon Chang-gun.
On March 16, 2019, at around 04:35, the Defendant driven C Coin SUV vehicles under the influence of alcohol concentration of about 0.165% in the section of approximately 51km from the vicinity of the Defendant’s residence in the Jeonbuk-gun, Chungcheongnam-gu, Seoul to the vicinity of the Jinjin-gu, Seoul.
Summary of Evidence
"2019 Highest 52"
1. Defendant's legal statement;
1. E statements;
1. Notification of the results of the control of drunk driving, CCTV images "2019 Highest 55";
1. Defendant's legal statement;
1. Notification of the results of the crackdown on drunk driving, vehicle photographs and breath measurement photographs, patrol picture CDs and video CDs "before the market";
1. The application of criminal records, reply reports (A), investigation reports (verification of the same kind of force), judgments, and summary order Acts and subordinate statutes;
1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, each of which is applicable to the crimes and the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act (Aggravated Punishment on March 16, 2019), among concurrent crimes.