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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 25, 2008, the defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act in the credit branch of Suwon District Court on July 25, 2008, and on May 27, 2009, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act.
On November 20, 2012, at around 21:35, the Defendant driven a Cmea car in the state of alcohol with approximately 20 km from the 20km section to the roads of Yangyang-gun, Yangyang-gun, Yangyang-gun, Yang Pyeong-gun, Yangyang-gun, Yangyang-gun, Yang Pyeong-gun.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver and a circumstantial report on the host driver;
1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant is driving a motor vehicle at a section of about 20 km under the influence of alcohol concentration of 0.142% under the influence of alcohol, and the Defendant is able to repent his mistake in depth, the Defendant disposes of the motor vehicle and makes the Defendant be forced not to drive a drinking again, and even under such circumstances as the Defendant has divorced 15 years prior to his divorce and bears a large amount of obligation, etc., it appears that the Defendant has continued to engage in his life and has continued to live relatively faithfully.
However, the defendant was punished six times or more due to the previous drunk driving or unlicensed driving, and among them, there was a record of being sentenced to a suspended sentence of one year for four months due to the crime of drunk driving in 2009. Nevertheless, the defendant committed the crime of this case at another time, and not only the blood alcohol concentration level is high, but also the driving of this case is inevitable.