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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On September 28, 2011, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment with prison labor for a violation of the Road Traffic Act for a violation of the Road Traffic Act, and on June 22, 2015, at the Jung-gu District Court issued a summary order of 4 million won by a fine for a violation of the Road Traffic Act for a violation of the Road Traffic Act, and on September 1, 2015, at the Jung-gu District Court issued a summary order of 2 million won by a fine for a violation of the Road Traffic Act.
On April 25, 2019, at around 05:40, the Defendant driven a F Sti-type car with approximately KRW 900 meters alcohol concentration 0.152% under the influence of alcohol from the front road of “C” located in “E” located in “E” located in “E” in Namyang-si, Namyang-si.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual condition survey report;
1. Report on the occurrence of a traffic accident;
1. On-site map;
1. Photographs of the accident site;
1. Making a report on the control of drinking driving;
1. Scamboxes and video CDs for witness vehicles;
1. Previous records of judgment: Criminal history records, penology records, previous records, and copies of each judgment and summary order shall be applied;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and imprisonment with prison labor for drunk driving even before sentencing is made.
Nevertheless, while driving a vehicle under the influence of 0.152% of alcohol concentration in the blood of the vehicle, it was caused by a very large accident in which the vehicle is recovered.
However, it is advantageous to the fact that social ties seems clear, such as the fact that the defendant is recognized as committing a crime, there is a family member to support the defendant, and the defendant's will have a preference.