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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On June 20, 2008, the defendant was sentenced to a summary order of 1.5 million won for a crime of violation of the Road Traffic Act at the Suwon District Court, and on June 12, 2009, the same court was sentenced to a summary order of 3 million won for a crime of violation of the Road Traffic Act. On February 5, 2010, the same court had the record of receiving a summary order of 3 million won for a crime of violation of the Road Traffic Act. On January 9, 2013, the same court was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act (after-accident), and the judgment became final and conclusive on January 17, 2013.
【Criminal Facts】
At around 22:50 on May 3, 2014, the Defendant, like the record of criminal records, was a person who has violated Article 44(1) of the Road Traffic Act more than twice, and operated C-XG car, which is owned by the Defendant, under the influence of alcohol concentration of approximately 0.150% from a section of about 300 meters from the front to the front road of about 86:50 on May 3, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. Descriptions of control, reports on detection of drivers, and circumstantial statements of drivers; and
1. Criminal records as stated in the judgment: Application of each Act or subordinate statute of inquiry report, a copy of the judgment, a copy of each summary order, and an investigation report (verification of the date of confirmation);
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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [unfair circumstances] (Article 53 and 55(1)3 of the Criminal Act is contrary to the reason (Article 55(1)3 of the Act on Discretionary Mitigation), the total five times before and after drunk driving, and the crime during the period of suspension of traffic crimes (limited to reasonable circumstances). The transfer of one’s vehicle to another and the detention of the defendant might involve considerable difficulty for his dependants, and the wife