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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 18, 2012, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving), etc. at the Busan District Court, and on August 21, 2013, the Defendant was sentenced to a suspended sentence of KRW 6 years for the same crime, etc. at the same court.
On March 2, 2016, while under the influence of alcohol concentration of 0.060% in blood around 23:00, the Defendant driven a clance car at the section of approximately 2 km from the front road of the Gosung Industrial Complex located in the Busan Sindong-gu, Busan to the front road of the Doldong apartment unit located in the same Gu trididong from the front road of the Gosung Industrial Complex.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, a copy of a summary order, which is about 24132, which is about 2013, the second sentence of 3384, which is the second sentence of 2013, to the statutes;
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. Not only has the record of being subject to five criminal punishment due to a normal drinking unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 ( favorable circumstances) of the Criminal Act, but also has the record of being sentenced to five times of criminal punishment due to a final driving force of alcohol on August 2013, the fact that the Defendant committed the instant crime at the time when one year has not passed since the end of the period of probation, and that the drinking value is relatively high, it is against the fact that the Defendant’s age, sex, environment, circumstances leading to the instant crime, and circumstances after the commission of the crime, etc. are considered as a whole, and the punishment is determined as per the disposition.