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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 8, 2006, the Defendant was sentenced to a summary order of a fine of three million won on September 2, 2009 by this court as a crime of violation of the Road Traffic Act. The Defendant was sentenced to a suspended sentence on September 2, 2009.
Criminal facts
1. On June 4, 2012, at around 22:34, the Defendant driven Csch-ton car at a section of about 500 meters from the front of the “same Steel” in the same Ri, which is located in the same Ri, in a mutual influence of 0.175% of alcohol content, under the influence of alcohol.
(2012 Gohap216) On July 22, 2012, the Defendant driven the said Bosch Rexton car within about 10 kilometers from the front side of the Gungwon road in the Gungwon-dong of Ansung-si to the front side of the Ansung-si Do-si Do-si, under the influence of alcohol by 0.162% of the blood alcohol concentration on July 22, 2012.
(2012 Gohap276) Summary of evidence / [The crime of 2012 Gohap216 at the time of sale] (Evidences: Suwon District Prosecutors' Office in 2012 Form No. 12359 at the office of horizontal Housing Site in 2012)
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the status of drinking drivers, investigation report, statement on blood collection, statement on request for appraisal, report on request for appraisal, and report on the status of drinking drivers [criminal facts of 2012 high-class and 276 at the time of the market: Revenue Office of the Suwon District Prosecutors' Office (No. 9862 of the Housing Site Office of the year 2012 type No. 9862);
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to criminal records, investigation reports (report on confirmation before disposition, results of confirmation, and confirmation reports on the date of release), criminal records, investigation reports (report on the date of release), reports on occurrence of a traffic accident, photographs related to accidents, reports on identification of the driver with the driver with the driver with the driver with the driver with the driver's identity
1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, each of which is applicable to the crimes and the choice of punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The defendant with reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is judged to have been subject to punishment four times or more for the same crime.