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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 27, 2009, the Defendant was sentenced to a summary order of KRW 4 million by a fine of KRW 5 million due to a violation of road traffic laws at the Seoul Central District Court on May 27, 2009; on December 5, 201, the Seoul Western District Court issued a summary order of KRW 2 million due to a violation of road traffic laws; on March 9, 201, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of road traffic laws at the Jung-gu District Court on March 9, 201.
On July 20, 2018, at around 03:07, the Defendant driven a DNA passenger car with approximately 30km alcohol concentration of 0.09% from the 30km section to the 0.09% alcohol distance from the 30km section in front of the Hanam-si, Hanam-si to the Ha Government-si B.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of the driver involved in driving;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on drinking driving;
1. A report on internal investigation:
1. Vehicle photographs;
1. Responses to a request for cooperation in investigation and report on investigation (Evidence No. 1, No. 8 of the evidence record);
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;
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 for mitigation of small volume are as follows: (a) the Defendant, as stated in the facts constituting a crime in the judgment, has a record of having been punished several times due to drinking, and (b) continues driving under the influence of drinking even though he/she had a record of being sentenced to suspended sentence; (c) thus, it is inevitable to punish
At the time, the defendant was under the influence of alcohol to the extent that he was able to sleep while driving, and is a highly dangerous crime.
There is no circumstance to consider in the circumstances in which a drinking driving has been made.
(b).