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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to a fine of KRW 5 million on November 6, 2008 by the Changwon District Court for a crime of violation of road traffic law (driving driving), and a fine of KRW 3 million on December 27, 2010 for the same crime in the Jeonju District Court’s Militarysan Branch on December 27, 2010.
[2] On June 1, 2017, the Defendant was under the influence of alcohol content of 0.261% during blood transfusions at around 12:20, the Defendant driven B Trate cars at approximately eight meters from the parking lot in front of the frequency of the Czeyang-ri, Samyang-gu, Samyang-si, to the road front of the same frequency.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. A survey report on actual conditions;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. A written appraisal of alcohol during blood;
1. A report on internal investigation:
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);
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. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined in light of the fact that there was a history of multiple punishments for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the sentencing conditions indicated in the records after the crime.