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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 26, 2007, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on December 26, 2007, and such summary order became final and conclusive on January 11, 2008, and on August 14, 2008, the Defendant issued a summary order of KRW 3,000,000 to a fine for a violation of the Road Traffic Act at the same court on August 14, 2008, and such summary order has been issued.
9. 2. Final and conclusive. On October 16, 2008, the same court was sentenced to a suspended sentence of two years for 6 months of imprisonment due to a violation of the Road Traffic Act, etc., and the judgment became final and conclusive on the 24th of the same month, and on November 23, 2010, the same court was sentenced to a suspended sentence of two years and six months during the 8th month of imprisonment and sentenced to a suspended sentence of two years and six months during the 20th of December 1, 2010, which is currently under the suspended sentence, and was under the influence of 0.130% of blood alcohol concentration on May 29, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Inquiries about criminal records, etc., public prosecutor's investigation reports (criminal records), copies of each summary order, and application of each certified copy of each judgment, and statutes;
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. In full view of the following facts: (a) the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the record that the Defendant was sentenced to a suspended sentence of imprisonment on two occasions due to drunk driving, including the record that the Defendant was sentenced to a suspended sentence of imprisonment on two occasions due to drinking driving; (b) the Defendant committed the instant crime again despite having been under the suspended sentence due to the violation of the Road Traffic Act, and (c) the Defendant committed the instant crime; and (d) the Defendant’s blood alcohol concentration was not low at the time of the instant case.