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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On October 17, 2013, the Defendant was sentenced to a fine of seven million won for a crime of violating road traffic law (drinking driving) in the Youngju District Court’s Yeongdeungpo-dong branch on the ground of the violation of road traffic law. On November 20, 2014, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court, etc. on November 20, 2014, and was released from prison at the official prison on November 19, 2015 during the prison term.
On December 22, 2016, the Defendant driven a car with C Spo-type 100 meters from the roads in front of the Chinese House in the Blue-si, Jeju, under the influence of alcohol content of 0.087% among the blood transfusion around 20:25, to the roads in front of the new interest fishing in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (report on confirmation of the period of repeated crimes of
1. Relevant Article 148-2 (1) 1 of the Road Traffic Act concerning the crime and Article 148-2 (1) 1 of the same Act concerning the selective punishment;
1. The reason for sentencing under Articles 53 and 55 subparag. 3 of the Criminal Act (hereinafter the following sentencing grounds) is that the Defendant committed the instant drinking crime within the period of repeated crime after being discharged despite having been sentenced twice to imprisonment with prison labor for the same kind of crime in the past and four times of a fine for the same crime. Thus, it is inevitable to sentence the corresponding punishment because the Defendant committed the instant drinking crime within the period of repeated crime after being discharged.
However, taking into account the fact that the defendant is against himself/herself, the blood alcohol concentration is not high, etc. In addition, taking into account other factors such as the defendant's age, sexual conduct, motive and means of the crime, and circumstances after the crime, and the sentencing conditions shown in the theory of changes, the punishment as ordered shall be determined.