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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On December 26, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act, and on November 18, 2009, the Defendant was sentenced to a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on August 18, 2009, and on August 27, 2010, the Defendant was sentenced to a suspended sentence of KRW 2 years for a violation of the Road Traffic Act (driving) at the Jung District Court on August 27, 2010. On November 12, 2010, the Defendant was sentenced to a fine of KRW 4 million by a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on May 31, 2013, and was sentenced to a suspended sentence of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on March 17, 2016.
At around 19:30 on July 18, 2020, the Defendant driven a Frid vehicle with a blood alcohol concentration of about 0.210% at a section of about 700 meters from the street in front of the C cafeteria located in Gyeonggi-gun B to the front of the E in the same Gun D.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (verification of the same kind of force), and investigation status (additional verification of the same kind of force);
1. The punishment was determined by comprehensively taking into account the pertinent legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act, the Defendant’s reasons for sentencing the sentence of imprisonment option, as well as the fact that there are a large number of drinking records on the Defendant. The punishment was determined by comprehensively taking into account the following factors: the degree of blood alcohol concentration, the background leading up to the drunk driving, the driving distance, and