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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Criminal Power】 On November 21, 2006, the Defendant issued a summary order of KRW 1 million at the Jeju District Court to a fine of KRW 3 million for a crime of violation of the Road Traffic Act, and on December 31, 2010, a summary order of KRW 3 million for the same crime at the Seoul East District Court.
【Criminal Facts of Crimes】 On April 30, 2016, the Defendant driven B Poter Cargo at a section of approximately 100 meters from the Do near the Hanan-dong at Seopo-si, Seopo-si, under the influence of alcohol with 0.195% of alcohol content on April 30, 2016.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of the driver, report on the request for appraisal, and report on the status of the driver;
1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. A favorable condition for sentencing under Articles 53 and 55(1)3 of the Criminal Act based on the following circumstances: (a) the degree of blood alcohol content at the time of sentencing is high to 0.195%; (b) there are records of criminal punishment several times for the same and different crimes; (c) there are records of criminal punishment for the crime of violation of the Road Traffic Act on three occasions (0.072% of blood alcohol content at the time of October 14, 2006; 0.192% of blood alcohol content at the time of driving under the influence of alcohol on November 26, 2010); and (d) the age and character of the defendant during the period of suspended sentence without being sentenced to a suspended sentence of imprisonment for larceny on November 23, 2015; and (e) the age and character of the defendant during the period of suspended sentence without becoming final and conclusive.