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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Power of Crime] Violation of the Road Traffic Act (Drinking 2006): Violation of the Road Traffic Act (Drinking 1.5 million won): Fine 2.5 million won: Violation of the Road Traffic Act (Drinking 2007): Imprisonment with prison labor for April / suspended execution of 2.2 years: Violation of the Road Traffic Act (Down 2008): Violation of the Road Traffic Act (Down 2009): Fine 3 million won (Discretionary 4 months in the first deliberation): Violation of the Road Traffic Act (Down 2015): From 4 million won to 2.7% in the front of the road without the driver's license for the defendant's license for the vehicle / From 200,000 won to 3.7% in the front of the death and injury of the vehicle / From 200,000 won to 1.7% in the middle of the death and injury of the vehicle / From 2015 to 3.7% in the middle of the vehicle /ham 27.7% in Busan.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the detection of a primary driver;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Imprisonment with prison labor chosen;
1. The sentence of imprisonment with labor for a period of ten months: Confession of alcohol in high blood, accumulation of records of the same punishment, etc.; Confession, health, etc.; Confession, etc.; Sentencing of sentence under Articles 53 and 55 (1) 3 of the Criminal Act;