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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Criminal Power】 On November 29, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended execution for a violation of the Road Traffic Act at the Jeju District Court on November 29, 2012, and on September 17, 2014, the Defendant was sentenced to a fine of 7 million won for the same crime in the same court on September 17, 2014, and has the record of violating Article 44(1)
【Criminal Facts of Crimes】 Around November 15, 2015, the Defendant driven a G X-ray car in the state of alcohol of about 200 meters from the D convenience store located in Seopo City C to the front of the F cafeteria located in E, at approximately 00 meters away from the 200-meter section, with a blood alcohol concentration of about 0.217%.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. A report on the actual state of the driver;
1. A report on detection of a host driver;
1. Records before and after judgments: Criminal records, references to criminal records, previous records of dispositions, results of confirmation, criminal investigation reports (Attachment to judgments, etc.), judgment, and copy of summary order Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) is that the defendant led to the instant crime, and the fact that the distance of the defendant's driving is relatively short is favorable to the defendant.
However, the Defendant was sentenced to a suspended sentence of 8 months on November 29, 2012 after being sentenced to a fine on three occasions due to drunk driving in the past, and on November 29, 2012, the Defendant was sentenced to a suspended sentence of 2 million won on August 29, 201. After being sentenced to a fine of 7 million won on September 17, 2014, the Defendant was sentenced to a fine of 7 million won on September 17, 2014 on two occasions due to a non-licensed driving, etc. Nevertheless, the Defendant committed the instant crime of drinking, the Defendant committed the instant crime of drinking alcohol concentration of the Defendant at that time, with a very high blood alcohol concentration of 0.217%, and the sentence in a similar case is sentenced.