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The punishment of the accused shall be determined by eight months of imprisonment.
Reasons
Punishment of the crime
On August 16, 2010, the Defendant was sentenced to a suspended sentence of two years for a period of eight months or more due to a violation of road traffic law in the Daegu District Court's support on August 16, 2010, and on August 24, 2012, the Defendant was sentenced to a suspended sentence of two years or more due to a violation of road traffic law in the same court.
On April 20, 2017, the Defendant driven B Poter in the state of alcohol alcohol concentration of approximately 0.091% from the 1.5km section from the Madsan public market parking lot in the same side to the front road of the first-class elementary school located in the same side.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident, report on the circumstances of a driver driving, notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, and application of Acts and subordinate statutes to the
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment is that the instant crime is not good in light of circumstances, risk, etc.
Although the Defendant was punished for a crime of identical drinking driving on three occasions, including the record of the crime in the judgment, the Defendant committed the instant crime. This is an unfavorable circumstance to the Defendant.
The Defendant confessions all of the crimes of this case and reflects them.
There is no record that the defendant has been punished as a sentence beyond the suspension of the execution of imprisonment.
This is the circumstances favorable to the defendant.
In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.