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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On June 29, 2006, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act, etc. at the Busan District Court on ten years, and was sentenced to a fine of three million won for a violation of the Road Traffic Act, etc. at the Changwon District Court on August 17, 2010; on October 27, 2010, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act; on November 30, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act; on December 17, 2013, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving), and on December 25, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act.
On October 31, 2016, the Defendant driven a CPoter-II cargo vehicle owned by the president of the Defendant’s company with approximately 0.145% alcohol concentration from approximately 24km section from the front of the Song Park Park-dong in Jin-si, Jin-si to the front side of the Gincheon-si, Jin-si. In short, the Defendant driven a Cpoter-II cargo vehicle owned by the president of the company with which the Defendant works.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification (A) of the results of the crackdown on the driving of alcohol and a statement in the circumstances of the driver;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type and similar criminal records), investigation report (report on confirmation of crimes during the period of repeated crimes) and Acts and subordinate statutes;
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 defendant of the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crime is punished several times for the crime of drinking alcohol driving, the defendant has the history of causing traffic accidents while driving alcohol and also has the ability to escape during the suspended execution period due to the crime of drinking alcohol driving.