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The punishment of the accused shall be determined by one year and six months.
Reasons
Punishment of the crime
[criminal power] On February 11, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court, etc. on August 11, 2015, and was sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the same support on December 16, 2015, and the said sentence became final and conclusive on December 13, 2015, and the said sentence was completed on January 11, 2017.
【Criminal Facts】
On August 6, 2019, at around 00:30 on August 6, 2019, the Defendant driven a DNA cargo vehicle while under the influence of alcohol by 0.119% in the section of approximately 3.5km from the Do in front of the Ccafeteria located in Hongsung-gun B to the 264-gil 1-33 of the old Gun-ro 264-gil.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Application of criminal history records, investigation reports (verification of the same type of power and period of repeated crime) Acts and subordinate statutes;
1. Article 148-2 (1) and Article 44 (1) of the Criminal Act and the choice of punishment for the crime, the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. It is highly necessary to eradicate the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation; the degree of blood alcohol level; the occurrence of a single traffic accident due to a drunk driving; the defendant has been punished for a drunk driving; the defendant has committed the instant crime again during the period of the repeated crime; the possibility of the defendant's criticism and the possibility of repeating the crime is high; the defendant shows the appearance against himself/herself; the defendant does not repeat the crime; and other various factors of sentencing, including age, family, occupation, etc. of the defendant.