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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 2, 2015, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act from the Changwon District Court's Jinju branch on April 2, 2015. On October 21, 2019, the Defendant requested a summary order of KRW 10 million for the same crime as the Jinwon District Court's Jinju branch.
On October 22, 2019, at around 22:25, the Defendant driven a F 15 passenger car with a blood alcohol content of about 50 meters from the front of the C cafeteria located in Scheon-si B to the front of the E cafeteria located in D, while under the influence of alcohol content of about 0.266%.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal history records, investigation reports (verification of suspect driving records), printed materials of summary order, and printed materials of summary order indictment which are applied to the Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished for a drunk driving in 2015, and the Defendant re-driving on October 22, 2019, which was found to be a drunk driving on October 4, 2019 after being found to be a drunk driving on October 4, 2019; the Defendant’s blood alcohol concentration at the time of the instant drunk driving was high; the Defendant’s blood alcohol concentration level was high; the Defendant’s distance, the background of driving, the Defendant’s status at the time of driving, and other various conditions of sentencing as shown in the instant pleadings, and the sentence is determined as per the text.