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A defendant shall be punished by imprisonment for six months.
Each of the facts charged in this case.
Reasons
Punishment of the crime
[Criminal Power] On January 12, 2017, the Defendant was sentenced to eight months of imprisonment for obstruction of performance of official duties, etc. at the Daejeon District Court on March 11, 2017 and completed the execution of the sentence.
【Criminal Facts】
On October 3, 2018, at around 13:40, the Defendant driven a Fbenz car at a section of about 2 km from the C frontway in Chungcheongnam-gun, Chungcheongnam-gun, to the E frontway in D, under the influence of alcohol content of about 0.219%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Requests for appraisal;
1. Previous records: Criminal records, inquiry reports, judgments, and the application of Acts and subordinate statutes on the current status of confinement by individuals;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 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 for discretionary mitigation is that the defendant acknowledges and reflects the crime of drunk driving, and that the defendant does not drive the vehicle any longer, and disposes of the vehicle.
However, the Defendant was sentenced to a fine and a suspended sentence of imprisonment due to a violation of the Road Traffic Act (unlicensed Driving), a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc.), and the history of driving under the influence of alcohol was two or more times, which was a matter of human injury while driving under the influence of 0.119% of blood alcohol level around May 201
Furthermore, even though the defendant is about the crime of double-class, the defendant is under repeated crime period, and even if he has been punished by a fine for the crime that has already occurred during the above period, he also caused a minor traffic accident while driving under the high level of 0.219% (0.170% even in the case of the smoking measurement) before the period of repeated crime expires.