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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 14, 2012, the Defendant was sentenced to a fine of KRW 10 million for a violation of the Road Traffic Act at the Ulsan District Court on December 14, 201. On January 28, 2011, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime, etc. on the grounds of the same crime. On March 2, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a fine of KRW 1.5 million for the same crime at the Daegu District Court on August 25, 2009.
Around 01:50 on April 1, 2019, the Defendant driven a D-low-scale car in the state of alcohol alcohol concentration of 0.164% from the Mayang-si Budio parking lot in Gwangjin-gu to the roads near Cudio in the same city.
Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. On-site photographs;
1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes to report criminal records;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant recognized the instant crime and reflects it, and the distance from drinking driving is not relatively long.
However, the defendant has already been punished four times due to drinking driving, and the defendant was sentenced to a suspended sentence due to drinking driving and again was found to have committed the crime of this case even though he had been under the influence of driving once again while driving under the suspended sentence, and it seems that the risk of repeating the crime of this case seems to be considerable, and that the blood alcohol concentration is considerably high.