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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 1, 2011, the Defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on March 1, 201, and was sentenced to a fine of two million won for the same crime in the same court on March 13, 2014, and was sentenced to a summary order of two million won for the same crime in the same court on May 13, 2015.
Nevertheless, at around 22:05 on September 17, 2018, the Defendant driven a fenz E300 car in the state of alcohol alcohol concentration of about 0.138% in the 1km section from the front road located in the 1st century to the front road located in D, Macheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and protocol on the control of drinking driving;
1. Previous records: Application of criminal records and investigation reports (applicable to criminal records A of the same kind of power as a suspect A and attachment of summary order);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include three times or more as a criminal act of the same kind after April 1, 201, and in particular, on May 13, 2015, the Defendant was sentenced to imprisonment with prison labor for a period of six months or more as a criminal act of violating the Road Traffic Act due to a crime of violating the Road Traffic Act, etc., and on the other hand, even if he was sentenced to a suspended sentence of two years, and on the other hand, the Defendant was sentenced to the instant criminal act. In light of the fact that the blood alcohol concentration level at the time of the instant criminal act is considerably high, it is inevitable to sentence sentence on the Defendant.
However, considering the fact that the defendant is living against the defendant while committing a crime, the distance of drinking driving is relatively short, etc. as favorable to the defendant, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered, the punishment as ordered shall be determined by taking into account the various circumstances shown in the arguments in this case.