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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[criminal power] On October 19, 2015, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on October 20, 2016, the Defendant was sentenced to a suspended sentence of KRW 2 years for a special injury on October 28, 2016, which became final and conclusive on October 28, 2016, but on April 25, 2018, the said suspended sentence was sentenced to six months for a crime of violation of the Road Traffic Act at the Incheon District Court, which became final and conclusive on July 17, 2018, and the sentence of the suspended sentence was invalidated on July 30, 2019 while the execution of each of the above sentence became final and conclusive, and the period of parole on October 24, 2019 has elapsed.
【Criminal Facts】
around May 1, 2020, the Defendant driven BM7 car under the influence of alcohol level of 0.280% from the 3km section of approximately 3km to the road located from 1, 625-3, Seocheon-si, Seocheon-si, Busan, to 36, Bupyeong-gu, Incheon.
Accordingly, the defendant violated the prohibition of drinking driving three times.
Although the Defendant had been punished for drunk driving, at around April 20, 2020, on April 20, 2020, the Defendant driven BM7 car under the influence of alcohol level of about 0.27% in the 1km section, from around 09:50 to around 48, 2020.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each investigation report (for example, a report on the circumstances of an immigration driver);
1. Reporting on detection of the violation of the Road Traffic Act, reporting on the situation of a drinking driver, notification of the results of the regulation of drunk driving, the ledger of driver's license, report on the occurrence of a traffic accident, inquiry into the results of the regulation of drunk driving, photograph of the accident video-capping, practical condition survey report, field and vehicle photograph, and estimate;
1. Previous records of judgment: Criminal history records, investigation reports (period of repeated crime A against a suspect and reports on the same records), one copy of the confinement status of each individual, two copies of judgment, and one copy of summary order;
1. Criminal facts;