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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
[criminal history] On June 25, 2010, the Defendant issued a summary order of a fine of KRW 1.5 million to a person who violates the Road Traffic Act (drinking) at the Suwon Flag Flag method Board, and on September 11, 2013 at the same court, respectively, for the same crime, etc.
[Criminal facts] On March 16, 2018, the Defendant driven B-low-income vehicle under the influence of alcohol concentration of about 20 meters in alcohol while under the influence of alcohol concentration of about 0.196% in front of viewing water sources in Suwon-si, Suwon-si, Suwon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, a report on detection of a driver of drinking alcohol, and a written appraisal of alcohol during blood;
1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.
The defendant is divided into and reflected in the crime of this case.
The instant crime did not cause any personal and material damage.
The defendant has no previous convictions of imprisonment.
The defendant is in the position to support his family.
Circumstances unfavorable to the defendant are as follows:
The Defendant was sentenced to a fine of four times (2006, 2009, 2010, and 2013) due to drinking driving, including the previous criminal records written in the judgment, and was sentenced to a fine of seven million won due to a refusal to measure drinking around 2013.
In October of 2014, the defendant was sentenced to a two-year suspended sentence due to driving without a license in the police in the police in 2014, and the defendant was sentenced to a fine of KRW 3 million due to driving without a license in the police during the suspended period.
Nevertheless, the Defendant was driving under the influence of alcohol concentration of 0.196% in the second blood transfusion.
In the above circumstances, the Defendant’s age, sex, career, and age.