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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
【The criminal history of the Defendant is a person who, at the Ulsan District Court on February 26, 2007, has been sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving without a license) at the same court on May 31, 2007, a fine of 4 million won for a violation of the Road Traffic Act (driving without a license), a violation of the Road Traffic Act (driving without a license) at the same court on May 5, 201, a violation of the Road Traffic Act (driving without a license) at the same court on May 5, 201, a violation of the Road Traffic Act at the suspension of execution of 3 years for 8 months, a violation of the Road Traffic Act (driving without a license), a violation of the Road Traffic Act (driving without a license) at the same court on January 22, 2015, a person who has been sentenced to a suspended sentence of 2 months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and has violated the provisions on prohibition of drinking twice or more.
【The Defendant driven a D Star Cargo at approximately 12km from around October 24, 2017 to around 107, 04:35, the post office located in Ulsan-dong defense Dong-dong, Ulsan-gu, Seoul-gu, Seoul-do, Ulsan-gu, Ulsan-gu, 107, with alcohol content of about 0.131% under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries into the results of regulating driving of alcohol, reporting on the circumstances of driving of alcohol, making a statement on the circumstances of drivers of alcohol, and notifying the results of regulating driving of alcohol;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment of the same kind of crime, etc.);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity Mitigation is not only high possibility of occurrence of an accident and risk thereof, but also a driver's own awareness of the occurrence of an accident. The defendant is sentenced to a fine for a violation of the Road Traffic Act (driving) in 2004, in addition to the criminal records in the judgment. The defendant is sentenced to a fine for a violation of the Road Traffic Act (driving of Drinking) in addition to the criminal records in the judgment, he is the second third class and the second class is the second class and the second class is the 6th class drinking. In particular, the second class prior to the instant case is the second class.