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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Daegu District Court on July 20, 2002. On November 14, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Pyeongtaek District Court’s Eunpyeong site on November 14, 2008. On January 18, 2011, the same court was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act due to a violation of the Road Traffic Act (driving). On December 8, 2011, the Defendant was sentenced to a suspended sentence of 2.5 million won for a violation of the Road Traffic Act (driving) at the same court on February 10, 2012. On July 21, 2016, the Defendant was sentenced to a suspended sentence of 2.5 million won for a fine of 2.5 million won for a violation of the Road Traffic Act (driving).
On October 21, 2019, at least 21:26, the Defendant, while under the influence of approximately 2k alcohol concentration of about 0.075% from the 2km section to the front road of the D apartment, violated the provision on the prohibition of drunk driving under the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was punished for a repeated crime due to drunk driving, etc., but again commits the instant crime; however, the reason and distance of driving, and the degree of blood alcohol concentration shall be taken into account in sentencing.