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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 11, 2008, the Defendant was sentenced to a fine of 2.5 million won as a crime of violation of the Road Traffic Act in the resident settlement support of the Daegu District Court, and on June 18, 2009, to a suspended sentence of 2 years in imprisonment with prison labor for the same crime.
On June 2, 2012, around 20:24, the Defendant driven a fwing freight vehicle D with blood alcohol concentration of about 0.305% in the 4km section from around the house of the Defendant, who is the Defendant’s ship located in Seodaemun-si B, via an equitable Dong to the third her mother line located in the same Modern-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Detailed descriptions of the circumstantial statement of the drinking driver, the report on the request for appraisal, the report on blood alcohol appraisal, and the report on detection of the drinking driver (blood collection result); and
1. Previous records: Application of Acts and subordinate statutes stated in each summary order, such as criminal records, 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 following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that there is no previous conviction) is a crime of violation of the Road Traffic Act on June 18, 2009; and (b) the Defendant was sentenced to a suspended sentence for two months on August 18, 2009; and (c) the decision was finalized on the 26th day of the same month; (b) the period of the suspended sentence has not elapsed one year after the termination of the suspended sentence; (c) the Defendant again committed the instant crime of drinking; (d) the previous conviction due to driving under the influence of alcohol was more than twice; and (e) the blood alcohol concentration at the time of the instant case was 0.305%