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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] The Defendant is a person who violated the prohibition of driving under the influence of alcohol on at least two occasions, such as imprisonment with prison labor for a violation of road traffic laws at the Ulsan District Court on June 12, 2009 and imprisonment with prison labor for a violation of road traffic laws at the Ulsan District Court on May 16, 2013 and imprisonment with prison labor for a violation of road traffic laws at the Ulsan District Court on May 16, 2013.
[2] On February 28, 2016, the Defendant driven a coo vehicle in B under the influence of alcohol concentration of approximately 1.5 km from the front of a mutually influent restaurant in Ulsan-gu, Ulsan-gu to the lower part of the coo-dong located in Ulsan-gu, Ulsan-gu, Seoul-do, to approximately 1.5 km.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions: Inquiry of criminal history data and application of Acts and subordinate statutes of a report on criminal investigation (verification of the same criminal records as the suspect);
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. On the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.
Unfavorable circumstances: Since 2000, the Defendant had been subject to punishment six times due to drinking driving and five times due to non-licensed driving, and the above punishment records include two times of suspended sentence, but the period of the final suspended sentence has not long passed, and the Defendant committed the crime of this case.
After the judgment of each of the above suspended sentence, the defendant has been sentenced to a fine for not-licensed driving in the period of suspended sentence, and all of them have been sentenced to a fine.
Among the blood of the defendant, the alcohol concentration level is very high.
A favorable normal situation: The defendant does not again commit the same crime.
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