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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Criminal facts
[criminal history] On April 7, 201, the Defendant was sentenced to a fine of 4 million won due to a violation of road traffic laws (drinking) in the Daegu District Court’s support on April 7, 201, and on August 16, 2012, the Defendant was sentenced to a suspended sentence of 10 months by the same court for the same crime, etc. on August 16, 201, and on May 23, 2014, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of road traffic laws (dacting of drinking), and completed the execution of the sentence in the Daegu Detention House on September 23, 2014.
[2017 Highest 433] On July 6, 2017, the Defendant, without a vehicle driver’s license, driven a balone-line cargo at the section of approximately 1.5 km from KT front to KT in Taedong-dong, where he/she was under the influence of alcohol level of 0.085% in the blood while he/she was under the influence of alcohol level of 0.085% in the same city.
[2017 Highest 722] On October 12, 2017, the Defendant driven a motor vehicle boomed with Cgallon in the 2km section of approximately 2km from the front of the ballow cafeteria cafeteria, which is under the influence of 0.050% of alcohol during blood transfusion, at the same time under the influence of a motor vehicle driver’s license on October 13:25, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A written notice of the results of crackdown on driving alcohol and a written inquiry about the results of crackdown on driving alcohol;
1. Inquiry into the ledger of driver's licenses for each motor vehicle and the main office;
1. Records of crime: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the facts related to repeated crimes A by the suspect and filing report, such as decisions on the same kind of force);
1. Article 148-2 (1) 1, Article 44 (1) (the point of driving under influence of alcohol), Article 152 (1) 1, and Article 43 (the point of driving under influence of alcohol) of the relevant Act on the grounds of criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act for an aggravated repeated crime (as to the crime of violating the Traffic Act on July 6, 2017)
1. The circumstances favorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The defendant recognizes his/her mistake.