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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On March 13, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic law (driving alcohol) at the Seoul Southern District Court. On May 14, 2014, the Defendant was sentenced to a fine of KRW 5 million for the same crime at the Seoul Northern District Court, and on August 7, 2014, the Defendant was sentenced to imprisonment of KRW 8 months for the same crime and two years for suspension of execution, respectively.
[2] On October 21, 2017, around 06:50 on October 21, 2017, the Defendant driven a B rocketing car under the influence of alcohol content concentration of 0.119% at a distance of about 500 meters to the road front of a 329 happy church in the same Gu unit.
Accordingly, the defendant driving a motor vehicle under the influence of alcohol not less than twice, and driving a motor vehicle again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on detection of a driver at the main place of business and an investigation report (an investigation into the application of the aforementioned dmark formula);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. In addition to the previous convictions on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, even though there are many records of punishment for the same kind of crime, it again leads to the instant crime; the driving of the instant drinking water does not have any record of punishment for the same crime; the fact that there is no record of being sentenced to punishment for the same crime; the fact that the Defendant's age, sex behavior, family relationship, and circumstances before and after the commission of the instant crime; and all of the sentencing conditions specified in the record and changes theory