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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to a fine of four million won on November 28, 2013 due to a violation of the Road Traffic Act (drinking driving) in the Chuncheon District Court's original branch on November 28, 2013. On July 30, 2014, the Defendant was sentenced to a suspended sentence of two or more times as a crime of violation of the Road Traffic Act (drinking driving) including a violation of the Road Traffic Act (drinking driving) in the same court on July 30, 2014.
[2] On March 18, 2017, around 06:50, the Defendant driven a B low alcohol level of 0.131% under the influence of alcohol level from around 5 km-ro to 282 Hanju-si, Nowon-si, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) around 06:50 on March 18, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;
1. Previous convictions in judgment: A response to inquiries about criminal history, investigation report (report on confirmation of the same record as the defendant), application of summary order statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 subparagraph 1 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing considering favorable circumstances) of the Act on the Mitigation of Small Quantity is that the Defendant has been sentenced to a fine twice due to drinking alcohol driving, and that he/she has been sentenced to a fine by driving without a license during the period of probation, and that he/she has been sentenced to a fine by driving without a license during the period of probation.
In spite of these records, the defendant once driving the drinking of this case again. In light of the same kind of records, the punishment of a fine more than a fine or a suspended sentence cannot be properly punished against the defendant, it is inevitable to strictly punish the defendant.
In light of the regulatory background of the drinking driving of this case, it seems that additional risks may have occurred due to the drinking driving, and the alcohol concentration at the time of blood is relatively high.
However, the defendant is seriously against himself.