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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
[2] On July 16, 2010, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (drinking on drinking), and on November 8, 2012, the Seoul High Court was sentenced to imprisonment for ten months for the same crime. On August 25, 2017, the Defendant was sentenced to imprisonment for eight months in prison for the same crime, and completed the execution of the sentence in a female prison on January 13, 2018. As above, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
[Criminal facts] On May 27, 2018, the Defendant driven the E-Charactered vehicle under the influence of alcohol level of about 0.137% from the Defendant’s house near the wife population C to the same Gu’s neighboring road.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a statement on the circumstances of a driver who takes drinking and keeping records of a measuring instrument for drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same kind of records of the suspect and the period of repeated crime);
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. Circumstances favorable to the defendant for sentencing Article 35 of the Criminal Act for aggravated repeated crimes are as follows.
The defendant is divided into and reflected in the crime of this case.
The instant crime did not cause any personal and material damage.
The employees of the company who were employed by the defendant are seeking the defendant's wife.
Circumstances unfavorable to the defendant are as follows:
Although there was a history of criminal punishment several times due to drinking driving, including criminal records in the judgment of the defendant, the crime of this case has been committed again during the period of the same repeated crime.
Defendant may have a previous record of violation of traffic regulations, such as driving without a license, several times.
In addition to the above circumstances, the age, sex, career, environment, and circumstances of the crime of the defendant.