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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 26, 2015, the Defendant was sentenced to a suspended sentence of 2 years and a fine of 4 million won for a violation of the Road Traffic Act (e.g., refusal of alcohol measurement, drinking, and non-licensed driving) at the Jeonju District Court on August 8, 2015. On June 16, 2008, the Defendant was sentenced to a fine of 5 million won for violation of the Road Traffic Act (e.g., violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
However, on September 12, 2017, the Defendant driven Dunching car at the section of about 400 meters from the 400-meter radius to the front road of the “CU convenience store” located in the Jinjin-gu in Jeonjin-gu in Jeonjin-gu, Jeonjin-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction and Exemption of Small Quantity is the criminal record for which the defendant had already been punished several times due to drinking driving, etc., and the defendant had already caused a traffic accident and had been sentenced to a suspended sentence with the protection and observation added to observe the protection, and thus, the period of suspended execution has not passed, and even if the defendant had been under the protection and observation, he/she was under the influence of drinking. The driving of the instant case at the time of the instant crime, and the driver was under the control by the police who opened the driver's seat door on the street while driving at the time of the instant crime, and was under the control by the police who was dispatched after receiving the report, and other various circumstances such as the defendant's age and occupation, living environment, and alcohol concentration during blood alcohol level at the time of crackdown, etc.