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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Changwon District Court’s branch on October 28, 201, and was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the same court on October 26, 2012, and was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act. On July 9, 2014, the Defendant was sentenced to a suspended sentence of six months for an injury to the same court on July 17, 2014 and was sentenced to a suspended sentence of six months for the same court on July 17, 2014, and was sentenced to a suspended sentence as of December 9, 2015 by the same court on December 9, 2015.
【Criminal facts constituting the Defendant: (a) on December 3, 2015, the 23:56 Daegu-gu merchants’ front of the apartment road located in the Dong-gu, Daegu-si, Daegu-si, and driving the Ibre truck with approximately 1km alcohol concentration of about 0.079% from the blood alcohol level to the front road of the natural village located in the same commercial harmony in the same Gu.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (the same records of the suspect), investigation report (the fact that the suspect is currently under suspended execution and the fact that the principal case is a crime before a final and conclusive judgment);
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 reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity was punished several times for the same kind of crime. In particular, immediately after the defendant was sentenced to a suspended sentence of six months for the crime of injury on July 2014, he/she was tried to commit another crime of interference with business again, and even if the defendant was sentenced to a suspended sentence of four months for imprisonment with prison labor ( currently in progress in the appellate trial) under the absence of the defendant, the above suspended sentence period expires.