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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 4, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in support of the Daejeon District Court on the same year.
9. 30. Persons with the same criminal records more than five times, including the completion of the enforcement of the sentence.
【Criminal Facts】
On August 19, 2015, at around 22:25, the Defendant driven C vehicle from the trade name and aesthetic road located in the Dong-gu, Yannam-gu, Yannam-gu to the front day of the new global motherter located in the same location, while under the influence of alcohol content of 0.129%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to copies of judgments of the same kind of suspect), application of Acts and subordinate statutes concerning the number and confinement status of each individual;
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. Article 35 of the Criminal Act among repeated crimes;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was sentenced to a suspended sentence of imprisonment for 2 years in 2001 for a violation of the Road Traffic Act in 2001; (b) a fine of 2 million won in 2003 for a violation of the Road Traffic Act in 2004; and (c) a suspended sentence of 2 years in 2 years in 2004 for a violation of the Road Traffic Act in 2004 for a violation of the Road Traffic Act in 200; and (d) a suspended sentence of 8 months in 20 years in 209 for a violation of the Road Traffic Act in 209; and (e) the Defendant was sentenced to a suspended sentence of 6 months in 20 months for a violation of the Road Traffic Act in 209.
However, the punishment shall be determined in consideration of the favorable circumstances, such as the fact that the defendant has recognized a mistake, the responsibility to support the wife and his/her children, and the fact that the company's employees want to find the wife.