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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2] Criminal Records: Offenses, etc. of Violation of the Road Traffic Act, which is sentenced on April 1, 2016 by the Changwon District Court: Imprisonment with prison labor for April / suspended execution 2, 2016; two years of protection observation; and 40 hours of instruction: Violation of the Road Traffic Act (Drink 2003): Imprisonment with prison labor for the same kind of crime and violation of the Road Traffic Act (Drink 2014): Violation of the Road Traffic Act (Drink 2014) for a fine of 2 million won: Violation of the Road Traffic Act (Drink 2015): Imprisonment with prison labor for 6 months or suspended execution / [2 years] for the Defendant, despite having a history of driving alcohol twice or more but has a history of driving alcohol on the road at the same level as that of his/her own under the influence of alcohol on the 15th day of October 17, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Punishment of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. The sentence of imprisonment with prison labor for one year and six months: The grounds for aggravating recidivism, low alcohol level during the period of probation, accumulated criminal records of the same kind, etc., during the period of probation: Confession, health, dependent family members, etc.;