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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On April 18, 2008, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (driving), etc. at the port branch of the Daegu District Court on April 18, 2008, and was sentenced to a summary order of KRW 5 million by the same court on March 2, 201, and was sentenced to a fine of KRW 5 million due to the same crime, etc. at the same court on July 7, 2016, and was sentenced to imprisonment for one year and two months due to a violation of the Punishment of Violences, etc. Act (joint assault) at the same court on July 7, 2016, and the said judgment became final and conclusive on August 4, 2016, and on November 24, 2016, the said court was sentenced to imprisonment for ten months as a special injury crime.
On April 10, 2016, around 02:43, the Defendant driven a B-hand car under the influence of alcohol concentration of about 500 meters from the front line of the mutual influence of the death of the North-gu in the north-gu, Chungcheongnam-do to the Mat-do, Nam-gu, South-gu, Seoul-do, with approximately 500 meters alcohol level 0.105%.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions: A reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment), and application of each statute of the judgment;
1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;
1. The latter part of Article 39(1) of the Criminal Act: Provided, That in consideration of the punishment sentenced in each final judgment and the details of criminal facts, even if a defendant has received a judgment together with each crime on which a final judgment became final and conclusive, it appears that he/she did not receive any more severe punishment, and thus, the crime of this case and each of the above crimes for which a final judgment has become final and conclusive shall be exempted from punishment in consideration of equity;