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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal record] On December 10, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Ansan District Court's Ansan Branch on December 10, 2007. On April 15, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court.
[Criminal Facts] On July 29, 2016, at around 22:55, the Defendant driven a DNA coo vehicle under the influence of alcohol content of about 1.5 km from the front of the NAF apartment 5-dong, Ansan-gu, Ansan-si to the front road of the 665 U.S. Escoo vehicle, under the influence of alcohol content of about 0.216%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Criminal records, etc., inquiry reports and application of three copies of judgment;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) on December 10, 207, the Defendant was sentenced to a summary order of KRW 2.5 million on the grounds that he/she driven a motor vehicle under the influence of alcohol content of 0.169% on December 10, 207; (b) on April 9, 2010, he/she caused an accident while driving a motor vehicle under the influence of alcohol; (c) on the ground that he/she refused a police officer’s demand for alcohol measurement; and (d) he/she made a statement that he/she was not the Defendant, but the lower employee, thereby leading to the crime of aiding and abetting the criminal; (d) on the ground that the Defendant was sentenced to a suspended sentence of two months on April 15, 2014; (e) on the ground that he/she was sentenced to a probation order of imprisonment with labor for a vehicle under the influence of alcohol content of 0.10% on April 10, and 20% on waiting.