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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On April 17, 2015, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic laws at the Ulsan District Court on April 17, 2015, and on May 27, 2016, the Defendant was sentenced to a fine of six months for a crime of violating road traffic laws (driving), and completed the execution of the sentence on November 20, 2016.
[2] On July 16, 2018, the Defendant driven a CF car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.121% at a section of about 500 meters from the central market located in the city of Supo City to the East Western church located under the same city of Si.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and inquiry into the results of regulating drinking;
1. Criminal records indicated in the judgment: Application of a reply to inquiries, such as criminal history, text 2 of the judgment, personal identification, and statutes on the status of acceptance;
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. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment are pursuant to the Defendant’s confession and reflects the instant crime. However, the Defendant’s repeated driving of the instant drinking during the period of repeated crime resulting from the same crime, including the repeated driving of the instant drinking during the period of repeated crime due to the same kind of crime, and the reasons for sentencing indicated in the record are determined