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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On May 4, 2007, the Defendant was sentenced to a summary order of two million won for a violation of the Road Traffic Act (driving) at the Incheon District Court's Branch Branch on May 4, 2007; on July 30, 2008, the summary order of three million won for a violation of the Road Traffic Act (driving) was issued; on September 12, 2013, the Seoul Southern District Court issued a summary order of seven million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court's Branch on September 12, 2014; on September 12, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of six months; on April 7, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon District Court's Branch Branch on Incheon District Court's Branch on July 30, 2016; on September 16, 2016>
【Criminal Facts】
On April 2, 2018, at around 00:52, the Defendant driven a motor vehicle with C Sti-type under the influence of alcohol concentration of about 0.087% from the front of the Nowon-gu Seoul Metropolitan Area Residents' Center to the front of the Seoul Guro-gu Residents' Center.
Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Inquiry into the result of the crackdown on drinking driving;
1. Control note;
1. Previous records of judgment: Criminal records, investigation reports (prior records of the same kind of drinking and confirmation of repeated crimes), and application of a copy of each judgment;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is as follows: (a) even though the person was punished for driving under the influence of alcohol on multiple occasions as stated in the reasoning for sentencing, and (b) the person was driving under the influence of alcohol again.