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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 20, 2015, the Defendant was issued a summary order of a fine of five million won by the Jeonju District Court for a violation of the Road Traffic Act.
On November 23, 2018, around 22:34, the Defendant driven a DNA knife vehicle with a blood alcohol concentration of about 160 km from the front of the branch office of the Korea Workers' Compensation and Welfare Corporation, which is located in Sinpo City, 118, to the front of the C cafeteria located in Kugjin-gu, Seoul.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol of examination of part of the defendant by prosecution;
1. Consent to blood collection, written confirmation, and written verification of blood alcohol;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification reports on the records of the same kind of crime), and application of Acts and subordinate statutes of the summary order;
1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 148-2(2)1 and Article 44(1) of the Act on the Selection of the Punishment of Criminal Crimes (amended by Act No. 16037, Dec. 24, 2018); and Article 148-2(2)1 of the same Act on the Selection of the Punishment of Criminal Crimes (amended by Act No. 16037, Dec. 24, 201); the Defendant’s choice of imprisonment (the Defendant’s operation at the time of the instant case was consistent with the facts of driving the Defendant at the time, but the alcohol did not drink at all; however, there is no evidence to prove that the Defendant’s blood content was measured due to diseases or abnormal physical conditions in the body or that the Defendant committed the instant crime during the suspension of the execution of sentence on the instant crime.
In addition, the sentencing conditions, such as the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, are various.