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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 29, 2009, the Defendant was issued a summary order of KRW 700,000 by a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court. On April 1, 2010, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Seoul East East District Court for a violation of the Road Traffic Act. On June 26, 2015, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Suwon District Court for a violation of the Road Traffic Act.
Nevertheless, at around 00:34 on December 12, 2019, the Defendant driven a FNAS C car at a section of approximately 4 km for E in the front of E in the sphere of Suwon-si, Suwon-si, E in the sphere of Suwon-si, which is under the influence of alcohol content of 0.076%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Previous convictions: Criminal records, summary orders issued by the Seoul Eastern District Court 2009 High Court 10791 High Court 2009 High Court 2009 High Court 3699 High Court 2009 High Court 2009 High Court 369 High Court 2013 High Court 2013 High Court 1456 High Court 2012 High Court 201
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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 as stated in the criminal records in the judgment below, and the Defendant had been punished twice a suspended sentence due to drinking driving, etc. twice a year. In 2015, the Defendant had been under the influence of drinking again even though he had been under the influence of drinking driving.
In addition, traffic accidents have occurred, and in light of the contents of traffic accidents, it is judged that the risk of drunk driving significantly increased.
In light of the above circumstances, it is judged that the defendant needs to be isolated from society for a considerable period of time to stop drinking and have the time to seriously reflect the defendant. Thus, it is inevitable to sentence the defendant's sentence.
The specific punishment is that the defendant commits the crime.