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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On March 2, 201, the Defendant was punished for drinking alcohol driving on at least two occasions, including a fine of one million won due to a violation of road traffic law (doning under drinking), and a fine of two million won due to the same crime in the same court on December 15, 2015.
[2] On September 16, 2017, the Defendant driven B car under the influence of alcohol with approximately 0.175% alcohol concentration from approximately 3 KK meters to the front road of “Kafin Vene” located in the same city-dong, Jin-si, Jin-si, Jin-si, Seoul, around 01:30 on September 16, 2017.
『2017 고단 885』 피고인은 2017. 10. 7. 01:35 경 혈 중 알코올 농도 0.214% 의 술에 취한 상태로 진주시 평거동에 있는 ‘ 롤링 핀’ 카페 앞 도로에서부터 같은 동에 있는 ‘ 뚱보화로 불고기’ 식당 앞 도로에 이르기까지 약 100m 구간에서 C 오피 러스 승용차를 운전하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a driver at each driving school and a report on the circumstances of the driver at each driving school;
1. Each investigation report (main driver's circumstantial report);
1. Inquiries about points of a violation accident, and inquiries about the results of crackdown on drinking driving;
1. Investigation report (as to the application of the alcohol driving three times);
1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (verification of criminal history of the same kind), and application of summary orders and other Acts and subordinate statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment - Circumstances unfavorable to him/her: Confession of a crime for the same kind of crime - Circumstances favorable to him/her: A confession of a crime, and a person who has no record of reflectivity