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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On September 14, 2018, the Defendant was sentenced to a suspended sentence of 2 years, probation, and community service order of 120 hours for 8 months for the crime of injury in this court. The above judgment became final and conclusive around that time.
① The Defendant was under the influence of alcohol in 2005 and was found to have been under the influence of alcohol in 0.058%, and was sentenced to a fine of KRW 700,000 on June 9, 2005 by this court. ② The Defendant was under the influence of alcohol in 2007, and was found to have been under the influence of alcohol in 0.165%, and was sentenced to a fine of KRW 20 million on December 13, 2007. ③ The Defendant was under the influence of alcohol in 2015, and was under the influence of alcohol in 0,000 won on April 21, 2015, and was under the influence of alcohol in 0,000 won on April 21, 2015.
Although the Defendant violated the duty of prohibition on driving under the influence of alcohol twice or more, on August 7, 2018, the Defendant also driven a motor vehicle at approximately 300 meters from the front side of the “C” road located in the Busan Young-gu, Busan to the front side of the “E” located in D, “E” at approximately 00 meters in approximately 0.133% of alcohol alcohol level (hereinafter “instant motor vehicle”).
Summary of Evidence
1. Defendant's legal statement;
1. The inquiry into results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, the report on the situation of driving under drinking, and the inquiry into the enemy;
1. Previous convictions: Criminal records, outputs of the results of inquiry into cases, written judgments/decisions, and application of Acts and subordinate statutes to investigation reports (time 8);
1. Relevant legal provisions concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was final and conclusive as to the crime of injury in the relation of concurrent crimes with the instant crime.