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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 24, 2011, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with the same crime at the same court on January 30, 201.
On January 29, 2017, the Defendant, from the “Cju shop” parking lot located in Suwon-si, Suwon-si, Dbenz SLK car under the influence of alcohol content of about 0.10% at the 12km section from the “Cju shop” parking lot to the “Cju shop” parking lot located in Suwon-gu, Suwon-si, Suwon-si, a motion picture-dong.
As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of records of measurement of drinking alcohol and results of crackdown on drinking driving;
1. Photographss and CCTV images of C main points at the time of control;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes reporting previous convictions and results thereof;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Determination of punishment is based on the following circumstances, comprehensively taking into account: (a) the reasons for sentencing under Articles 53 and 55(1)3(3) of the Criminal Act; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and circumstance of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime.
[The favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime; the Defendant did not cause other damage, such as traffic accidents; the Defendant must support a healthy parent; and the surrounding people want to take care of the wife; and the social relationship is relatively clear.
The crime of this case has been punished twice due to drinking driving.