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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 6, 2009, the Defendant received a summary order of a fine of three million won or more due to a violation of road traffic law (drinking driving) in support of Sungnam-gu Friwon on April 6, 2009, and one who received a summary order of a fine of two million won or more due to the same crime in the same court on January 16, 2009.
On April 29, 2016, the Defendant driven a B radar vehicle under the influence of alcohol level of about 0.133% from the 5km section of the blood alcohol level from around 61-gil 61, Gangdong-gu, Seoul, to the front day of the mutual influorial drinking house in the Hanam-si, Chungcheongnam-si, Seoul, to the front day of the 61-gil 61 (Seoul High-ro).
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. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;
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. The crime of this case was committed again despite the fact that the defendant had been subject to punishment several times for the same kind of punishment for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, considering the fact that the defendant's location is unknown, and the defendant's age, sex, sex, environment, means and consequence of the crime, various sentencing conditions in the records of this case, such as the defendant's age, sexual behavior, environment, means and consequence, the following circumstances, etc., the punishment is determined as ordered.