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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On May 15, 2013, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (drinking driving) or a violation of the Road Traffic Act (licensed driving) in support of the Incheon District Court on May 15, 2013. On September 18, 2014, the Defendant was sentenced to a suspension of execution for eight months and two years due to a violation of the Road Traffic Act (dacting measurement refusal), a violation of the Road Traffic Act (dacting without a license), a violation of the Road Traffic Act (dacting without a license) in the Incheon District Court’s Busan District Court’s Busan District Court’s Busan Branch Branch, and
[2] On February 11, 2016, the Defendant driven a coo vehicle in volume C with 7 km from the Doro-dong, Seocheon-gu, Seocheon-gu, Incheon, to the front of the tunnel, while under the influence of alcohol content of 0.106% during blood at around 23:35 on February 11, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (report on attachment of a criminal suspect's judgment of stay of execution), judgment, investigation report (report on attachment of the previous summary order), application of summary order statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. The sentence shall be imposed in light of the following: (a) the Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is six times the same criminal records and six times; and (b) the Defendant committed a second offense during the period of suspension of execution as a final and conclusive crime indicated in the judgment below.
However, the punishment shall be determined as per the order by comprehensively taking into account the fact that the defendant is against the defendant, there are family members to support, and all other factors of sentencing.