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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal record] On December 3, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of road traffic law in the support of the Daejeon District Court Seosan on December 13, 2008, a summary order of KRW 3 million to a fine for the same crime in the same court on February 16, 2009, and a summary order of KRW 5 million to a fine for the same crime in the same court on February 8, 2013, respectively. On October 2, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law. The judgment became final and conclusive on February 16, 2009, and is currently under suspension of execution.
[2] On April 4, 2017, the Defendant: (a) driven a B-crack vehicle under the influence of alcohol content of approximately 0.08% from the section of about 100 meters from the front of the agricultural parking lot located in the Changdong in Seosan-si, Seosan-si to the roads located in the Changdong in Seosan-si, Seosan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same kind of force of the suspect and previous convictions of suspended execution);
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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount is not only the fact that the defendant was punished three times as a fine for the same kind of crime, but also the defendant committed the crime in this case without being sentenced to a suspended sentence due to the crime in this case even though he was under the suspended sentence due to the crime in this paper.
However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant reflects the defendant's mistake, the alcohol concentration level in the blood of the defendant at the time of driving, the age, sex, environment, criminal records, relationship with him/her, circumstances after committing the crime, etc.