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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 2, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act in the Chungcheong District Court's Chungcheong Branch's Assistance on December 2, 2013, and on August 22, 2014, the Defendant was sentenced to a suspended sentence of three years in imprisonment for the same crime, etc. at the same court on August 22, 2014, and the said judgment becomes final and conclusive on
On August 12, 2015, at around 23:05, the Defendant driven a motor vehicle with a heavy alcohol level of 0.067% from approximately 1 kilometer to around 58, 300, from the 410-5 Nari apartment parking lot to the 6th 58th road of the same surface of the area from the 410-5 Nari apartment parking lot to the 410-5 Kari-ro 6th road.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Report on detection of the driver, report on the circumstances of the driver, statement on the circumstances of the driver, statement on the circumstances of the driver, and statement of cancellation;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (including attached documents);
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has already been punished twice due to drunk driving, and it is inevitable to sentence him/her for committing a crime again without being aware of it even though he/she is still under the suspension of execution.
However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the records and pleadings of this case, such as the fact that the defendant reflects the crime and the blood alcohol concentration.