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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 20, 2010, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of road traffic law in the support of the Sungnam branch of Suwon branch of Suwon branch of the Republic of Korea on July 2010. On February 14, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of road traffic law in the support of the Sungnam branch of Suwon branch of the Suwon branch of the Republic of Korea.
Criminal facts
On March 13, 2017, around 18:55, the Defendant driven a E Twork XG car in the state of alcohol alcohol content of approximately 0.145% from the 2km section from the act of Jung-gu in Seongbuk-gu in Sungnam-si to the 24-7 front road in the same circulation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);
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. In light of the fact that: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity is the majority of the criminal records due to driving of alcohol or unlicensed driving for the reason of sentencing; (b) even though the Defendant had been punished for a suspended sentence twice due to driving of alcohol since 2010, the Defendant committed the instant drinking; and (c) the degree of alcohol concentration in the blood transfusion is considerably high, the sentence should be imposed even if the Defendant was committed at the time of committing the crime and divided.
However, in determining the punishment, comprehensive consideration shall be given to the above conditions and the defendant's age, sex, environment, circumstances after the crime, and the circumstances after the crime.