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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 9, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Busan District Court's Dong Branch, a fine of 3 million won for the same crime at the Busan District Court's District Court on December 10, 2009, and a suspended sentence of 2 months for the same crime at the same court on January 12, 201.
On October 21, 2014, at around 00:33, the Defendant driven B automobiles one kilometer from the front day of the “Saunk-gu Packing-dong, Busan,” located in the Busan, Jin-dong, to the front day of the Busan, Jin-dong Police Station 1 Public Security Center located in the same Dong, while under the influence of alcohol of 0.172% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A report on the circumstances of driving under the influence of alcohol, the results of crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;
1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (attached reports to the same type of power judgment, etc.);
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. In light of the fact that there is a history of punishment for driving under drinking on several occasions including a suspended sentence of reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation, and that the blood alcohol concentration at the time of driving under the instant case is very high, etc., the Defendant may not be severely punished due to extremely poor nature of the relevant crime.
However, it shall be judged as ordered in consideration of the favorable circumstances, such as the fact that there is no record of the suspension of execution or heavier punishment for crimes other than the same crime, and the fact that it is against the law shall be considered as favorable.