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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On May 6, 201, the Defendant was sentenced to imprisonment for three months with labor for a violation of the Road Traffic Act (driving), etc. at the Jung-gu District Court on November 16, 201, a fine of five million won for the same crime at the same court on November 16, 2012, and a person who had been sentenced to imprisonment with labor for six months at the same court on September 3, 2013 and on March 2, 2014 for the violation of the Road Traffic Act (on March 2, 2014), such as termination of the execution of the sentence.
【Criminal Facts】
On September 26, 2016, at around 02:20, the Defendant: (a) driven a vehicle while under the influence of alcohol by 0.087% in a section of about 1km from the roads in front of the community credit cooperatives in Ho-dong, Namyang-si, to the roads of about 46 square village-ro 1102, in the same parallel city.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C and D;
1. Notification of the control results of drinking driving, and report on the state of driving under drinking;
1. On-site photographs;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (report on the confirmation of the same kind of power of a suspect);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 35 of the Criminal Act among repeated crimes;
1. The circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following conditions of sentencing): The defendant recognized the instant crime and reflects the depth thereof; the degree of blood alcohol concentration and driving distance disadvantageous to him; the defendant was punished several times due to drinking or driving without a license; the defendant committed the instant crime again during the period of repeated crime due to the same crime; and the defendant committed the instant crime again during the period of repeated crime due to the same kind of crime; the defendant’s age, character and behavior, environment, means and consequence of the crime; and the circumstances after the crime, etc., shall be determined as the order by comprehensively taking account of the various