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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On December 26, 2007, the Defendant was issued a summary order of a fine of 1.5 million won for a crime of violating road traffic laws at the Jeonju District Court on December 26, 2007, and on February 8, 2011, the Defendant was sentenced to six months of imprisonment with labor for the same crime in the support of Jeonju District Court Southern District Court.
[Criminal facts] On April 1, 2016, the Defendant driven a B coke-Ban truck on the section of about 20km from the 20km to the 3-lane at the entrance of the village located in the mountain village located in the mountain village in the mountain village in the Southern-si, Namwon-si, Namwon-si, Namwon-si, under the influence of alcohol content 0.165% during blood transfusion around 10:5.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;
1. Reports on traffic accidents and on-site photographs;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire into criminal history and report on investigation (referring to attachment reports, such as a copy of the same type of judgment);
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 reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment has the history of having been subject to criminal punishment several times for the most recent crimes, and driving under drinking again even though the defendant was sentenced to imprisonment for six months in 2011 and became final and conclusive for the most recent crimes, according to the degree of alcohol concentration and the speech and walking conditions at the time of the instant crime, the driving of a motor vehicle under the influence of the defendant, the occurrence of an accident during driving under the influence of alcohol, and the occurrence of an accident during driving under the influence of alcohol, it is inevitable to pronounce a sentence because there is a high possibility of criticism.
However, considering the circumstances that may be taken into account in light of the degree of circumstances that led to the driving of drinking, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the arguments in this case.