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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On July 6, 2006, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) in Ansan Branch of the Suwon District Court on August 21, 2007, a fine of KRW 2.5 million as the same crime in the same court on August 21, 2007, a fine of KRW 1.5 million as the same crime in the same court on May 21, 2009, and a fine of KRW 1.5 million as the same crime on August 17, 2010 in the Southern Branch Branch of the Jeonju District Court on the same
【Criminal Facts】
On September 22, 2016, at around 21:00, the Defendant driven a dalb while under the influence of alcohol content of about 0.346% from the section of approximately 1k, from the adjacent road of Geumdong-dong-dong, Geumdong-ri to the roads in front of C, the Defendant driven a dalb in the state of alcohol content of approximately 0.346%.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, and response to requests for appraisal;
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (former records and report attached to judgment, etc.);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Even when considering favorable circumstances that are favorable to the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act, including the reason for sentencing, the circumstances leading up to the defendant's assertion of the reason for sentencing, the situation leading up to the defendant's reflection and the fact that the defendant would not drive under the influence of alcohol again, the defendant repeated the same mistake despite the fact that the defendant had a total of four times criminal punishment including a suspended sentence due to drinking driving, including a suspended sentence. Considering the fact that the amount of blood alcohol concentration in this case is very high and that the behavior or walking condition was not normal at the time when it was discovered, the defendant selected a sentence because the possibility of criticism is highly high, and the sentencing conditions such as the result of the respiratory measurement before collecting blood, the type of the vehicle, the distance between the crime in this case and the previous crime, the family relationship of the defendant