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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On September 4, 2002, the Defendant was sentenced to a summary order of KRW 2 million due to a crime of violating the Road Traffic Act in the Incheon District Court on September 4, 2002. On January 8, 2008, the Defendant was sentenced to a summary order of KRW 4 million due to a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on January 8, 2008. On May 6, 2008, the Incheon District Court received a summary order of KRW 3 million due to a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on December 10, 2010. On January 9, 2012, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking) at the Incheon District Court on March 6, 2015, and was sentenced to a penalty of KRW 1,000,0000 from Incheon District Court on March 16, 2015.
On November 11, 2016, at around 22:40, the Defendant driven a Dpote car under the influence of alcohol content of about 0.160% at a distance of about 1k from around 123m f.m. to around 114, the same f.m. 17m-ro f.m. to the same f.m. road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A report on the circumstances of the driver at home;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of criminal suspect's previous convictions);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume is six times the Defendant was punished for driving under drinking, and the Defendant committed the instant crime constituting a repeated crime within three years after the execution of imprisonment is completed due to the final drinking driving. Thus, the Defendant was punished by imprisonment with prison labor by choosing a criminal sentence.
The Defendant had the influence of drinking until the new wall on the day of the instant crime until the time of the instant crime.