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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On October 13, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court as a crime of violating the Road Traffic Act.
Around 04:50 on August 25, 2019, the Defendant driven a motor vehicle in the E-highest condition under the influence of alcohol level of about 0.165% from the road in the Seongbuk-gu, Changwon-si, Sungwon-si, Sungwon-si, to the front road with approximately 100 meters of blood alcohol level of around 0.165%.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
around 01:10 on September 28, 2019, the Defendant driven an E-high-speed vehicle with approximately 100 meters alcohol concentration of about 0.15% from the parking area in the public parking lot in the Seo-gu Busan Metropolitan City Clock, to the entrance of the parking lot.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Each drinking driver, each report on his/her state of standing statement, and each report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Act is to be determined as ordered by taking full account of various circumstances shown in the trial and records, including the Defendant’s age, career, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, following the reasons for sentencing under Articles 53 and 55(1
The favorable circumstances: The fact that there is no previous conviction exceeding a fine, the fact that there is no good mother's health, the fact that the blood alcohol concentration of each of the instant blood of this case is high, and the fact that the crime of drunk driving was committed even though there was a record of punishment for drunk driving, and in particular, even during the trial after being investigated as a crime of drunk driving and being prosecuted, it was committed under the influence of alcohol.