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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 10, 2008, the Defendant was sentenced to a suspended sentence of two-year imprisonment for a violation of road traffic law in support of Sungnam-gu, 2008, and on May 6, 2010, the Defendant was sentenced to a fine of five million won or more due to a violation of road traffic law at the Seoul Eastern District Court on May 6, 201, and was sentenced to a suspended sentence of two-year imprisonment for a violation of road traffic law (on June 2, 2016, the Defendant was sentenced to a suspended sentence of two-year imprisonment for a violation of road traffic law (on June 10, 2016) at the Seoul Northern District Court of Seoul Northern District on June 2, 2016.
On May 19, 2017, at around 01:24, the Defendant driven a vehicle owned by the Defendant with approximately 300 meters alcohol concentration of 0.225% from the 300-distance section from the front road of 116-gil 20 (Road) to the front road of 50-ro 50-gil 28 (Road) in Gangdong-gu Seoul Metropolitan Government.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. A previous conviction: Application of a written inquiry and a written reply;
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 amount of punishment [determination of sentence] (the former sentence of imprisonment: 10 months) are as follows: (a) considering the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., the sentence is determined as ordered by the order.
The favorable circumstances are confessioned, and are against the law.
On the other hand, there was no accident even though the distance was long.
Unfavorable circumstances: The amount of alcohol concentration at the time of committing the instant crime is high.
The two times of fine for the same crime (0.056%, 0.17%) and the suspended sentence of imprisonment (0.243%) are accumulated, and around February 23, 2016, it is intended to conceal the driving of drinking after causing an accident in the state of drinking.