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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【The Defendant issued a fine of KRW 6 million at the Ulsan District Court on May 22, 2014, for a violation of road traffic laws (drinking driving), etc., and issued a summary order of KRW 5 million at the same court on March 10, 2016 due to a violation of road traffic laws (drinking driving), etc.
【Criminal facts】 On February 15, 2016, at the entrance of a park in front of the “living Gu” located in Ulsan Nam-gu, Ulsan-gu, Seoul-do, the Defendant driven Bk3 automobiles under the influence of alcohol content of about 0.058% while under the influence of alcohol content at approximately 500 meters at the front of the same Dong-dong residential apartment 101, Dong-dong, Dong-dong, which is located in the same month-dong of the same month without the driver’s license.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;
1. The driver's license ledger;
1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;