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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On November 18, 2014, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violating the Road Traffic Act (driving) at the Busan District Court on November 18, 2015, a fine of KRW 4 million as a same crime in the same court on October 7, 2015, and on September 21, 2016, the same court was sentenced to a suspended sentence for 8 months on September 29, 2016 and sentenced to a suspended sentence for 2 years due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (non-licensed driving).
[2] On July 8, 2017, around 01:10, the Defendant driven C high-class cargo vehicles under the influence of alcohol content of about 0.122% from the 1km section to the road in front of “On the 20th Do-ro, Busan Young-ro, 50, a Do-ro 20, a Do-ro 50, a Do-ro Do-ro, Busan, to the “On the Do-ro, Do-dong” (hereinafter “On the Do-ro”).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same previous convictions and confirmations);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);