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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On February 23, 201, the Defendant was sentenced to a summary order of KRW 2,00,000 to a fine of KRW 1,000 as a crime of violating the Road Traffic Act (drinking driving), and on March 11, 2013, the same court issued a summary order of KRW 2,00,000 to a fine of KRW 2,00 as a crime of violating the Road Traffic Act (drinking driving), and on October 20, 2017, the same court was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (drinking driving), and the judgment became final and conclusive on October 28, 2017.
[2] On March 24, 2018, the Defendant driven a C 3 truck at a distance of about 2.5 km from the front of the distribution complex of the two countries, Hoyang-dong, Hoyang-dong, Hoyang-ro, 135 0.135% of alcohol in the blood while he was under the influence of alcohol at around 23:10 on March 24, 2018, to the front road of the oil station located in Ansan-gu, 135 km-gu, Ansan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act seems to be recognized and the attitude of reflecting the mistake.
However, there was a history of punishment for drinking driving three times, and recidivism was conducted during the period of imprisonment with prison labor due to drinking driving.
The degree of state practice is relatively serious.
The sentence shall be determined as ordered in consideration of these circumstances, the age, character, environment, etc. of the defendant and the conditions of sentencing.