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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic law in the Seocho Branch of the Seoul Seoul District Court on April 25, 2003, as a fine of KRW 1.5 million for a violation of road traffic law, KRW 7 million for a violation of road traffic law at the Seoul District Court on September 26, 2003, and a fine of KRW 2.5 million for a violation of road traffic law at the Seoul Central District Court on April 24, 2008, KRW 2.5 million for a violation of road traffic law at the Seoul Central District Court on July 23, 2013, KRW 5 million for a violation of road traffic law (driving), and a person who was sentenced to a suspended sentence of imprisonment with labor for a violation of road traffic law at the Seoul Central District Court on August 23, 2013, from Seoul Central District Court on December 23, 2015 to a fine of KRW 4 million for a violation of road traffic law (driving).
Criminal facts
On May 5, 2018, at around 05:50, the Defendant driven C-5 car while under the influence of alcohol of about 0.138% of alcohol content in the 2km section from around 05:50 to 310 prisoners of war in Gangnam-gu Seoul, Gangnam-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Free trade as a result of the measurement of drinking;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of criminal records of the same kind as the suspect), and application of each of the above-mentioned 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant had a record of having been already punished several times for the same type of crime; (b) the period of suspension of execution due to driving under the influence of alcohol again commits the instant crime; and (c) the degree of alcohol concentration in blood does not lower; and (d) the sentence is inevitable.
Here, the method and result of the instant crime, the circumstances after the crime, the circumstances after the crime, the defendant's age, sexual conduct, and family environment, etc. shall be comprehensively considered to determine the punishment as ordered.