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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 6, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act by the Suwon District Court. On May 1, 2009, the Defendant was sentenced to a summary order of KRW 2 million for the same crime from the territorial branch of the Chuncheon District Court as the same crime. On April 22, 2010, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution.
On March 6, 2013, at around 22:00, the Defendant driven C Ecoo motor vehicle under the influence of alcohol content of approximately 0.152% at a section of about 15 km from the 15 km to the road near the entrance of the Yaong-gun, Gangwon-do, Gangwon-do, Seoul, at around 22:55 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous convictions: Criminal history records, etc. inquiry reports, investigation reports (reports attached to traffic-related summary orders, etc.), written judgments, and application of summary orders under Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Although there are favorable circumstances, such as the fact that a defendant acknowledges and reflects a crime in favor of the sentencing reasons under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds), and that the defendant has no criminal conviction or more than a sentence, the defendant has committed the instant crime even after being sentenced to a fine several times for the same crime, and the defendant has committed the instant crime even after being sentenced to a suspended sentence twice for the same crime, and the Defendant has not committed a traffic accident that causes physical damage to others without being subject to a simple driving under the influence of alcohol. Thus, the sentence should be imposed as ordered.