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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On April 10, 2008, the Defendant was issued a summary order of KRW 500,000 for the crime of violation of the Road Traffic Act in the Gwangju District Court's wooden Branch. On April 24, 2009, the Defendant was issued a summary order of KRW 700,000 for the same crime at the Gwangju District Court's Gwangju District Court, and on February 15, 201, issued a summary order of KRW 1.5 million for the same crime at the Gwangju District Court's Gwangju District Court's same crime. On June 18, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime at the Gwangju District Court's Gwangju District Court, and on July 24, 2013, the Defendant was sentenced to a suspended sentence of KRW 5 million for six months for the same crime.
【Criminal Facts】
At around 04:50 on March 9, 2018, the Defendant driven D Ecoos car under the influence of alcohol 0.18% with a blood alcohol concentration of about 2 km from the Do near C in Sinpo City B to the land distance.
As a result, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice and has driven a motor vehicle under the influence of drinking again.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Report on the state of drinking drivers, enforcement photographs, and notification of the results of the regulation of drinking driving;
1. Criminal records as stated: Application of inquiry reports and investigation reports (Attachment to the same type of electric records) and statutes, including criminal records;
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 grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include the following: (a) although the Defendant had a five-time history of criminal punishment for drunk driving, such as the criminal records in the judgment of the lower court, repeated driving of the instant case; and (b) the Defendant’s blood alcohol concentration is relatively high to 0.18%; and (c) comprehensive consideration of all the sentencing factors indicated in the records, the sentence shall be determined as ordered