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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On May 21, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on May 21, 2008, and was sentenced to a summary order of KRW 2.5 million for the same crime at the Suwon District Court on October 30, 2009, and on May 11, 2012, the Defendant was sentenced to a suspended sentence of KRW 2.5 million for the same crime on May 14, 2013, and was sentenced to a suspended sentence of 6 months for the same crime on May 14, 2013 at the Ansan Branch Branch of the Suwon District Court and was sentenced to a suspended sentence of KRW 6 for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) on September 6, 2013, and the period of the suspended sentence became void on March 28, 2014.
【Criminal Facts】
On July 20, 2016, at around 10:45, the Defendant driven a B B B BY car in the state of alcohol alcohol concentration of about 0.118% in the section of about 300 meters from the front day of the OB beer warehouse in Sinpo-si, Sinpo-si, Sinpo-si to about 77-gil, Sinpo-si, Sinpo-si.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records before ruling: Application of criminal records, investigation reports (criminal records, previous records, and confirmation reports);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 35 of the Criminal Act among repeated crimes;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Unfavorable circumstances: The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act - has the record of being punished four times due to drunk driving, and the same crime is prevented during the period of repeated crime. - Proprietary circumstances show the appearance that the defendant recognizes the crime and reflects it.