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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
[criminal power] On August 7, 2009, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Suwon District Court; on May 22, 2013, the Defendant was sentenced to a summary order of KRW 3.5 million for the same crime in the same court; on January 15, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime.
【Criminal Facts】
On October 12, 2018, at around 01:11, the Defendant driven B C-C car at approximately 200 meters from the section of approximately 200 meters of alcohol alcohol concentration to the water viewing road located in the same Dong, from the water source.
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the results of the drinking driving control and a measuring record;
1. Previous records of judgment: Application of criminal records, inquiry records, and Acts and subordinate statutes appended to judgment;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Circumstances favorable to the defendant for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows:
The defendant is deeply 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 disposed of the vehicle operated by the defendant.
It is clear that the social relationship of the accused is clearly and there is a need to support the family including two children.
Circumstances unfavorable to the defendant are as follows:
As stated in the judgment of the defendant, the defendant was sentenced to a fine in around 2009 and around 2013 for drunk driving as stated in the records of the crime record, and the defendant committed again the crime of this case even though he had been sentenced to a two-year suspended sentence in June 2014 (the defendant was sentenced to a suspended sentence of imprisonment as above and was sentenced to a fine in accordance with the crime of violence and obstruction of performance of official duties during the suspended sentence). The defendant committed the crime of this case.