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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On June 11, 2015, the Defendant was sentenced to a suspended sentence of two years in the Seoul Northern District Court for a violation of the Road Traffic Act.
around 18:00 on August 17, 2019, the Defendant driven C SP car while under the influence of alcohol content of about 0.144% in the two-meter section of the front road B at the time of the Government of Speaker.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual survey report on traffic accidents;
1. Inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of electric records) and statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include imprisonment with prison labor for the same kind of crime, such as drunk driving and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, even before sentencing is made.
Nevertheless, the crime of this case was committed while driving under the influence of 0.14% of the blood alcohol concentration in the second blood.
However, considering the fact that the defendant recognizes the crime and reflects the fact that the driving distance is short, again disposes of the vehicle due to a mistake that does not drive under the influence of alcohol, the defendant is in an economically difficult situation, and there is a family member to support, such as a child, etc., under the favorable circumstances.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.