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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 4, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Jung-gu District Court, and on February 18, 2009, the Defendant was sentenced to a suspended sentence of KRW 2 million for October due to a crime of violating the Road Traffic Act at the Jung-gu District Court on February 18, 2009. On September 26, 201, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on September 26, 201.
On October 27, 2017, the Defendant, who violated the provision prohibiting drinking under the Road Traffic Act on two or more occasions, once again driven a CSbane car at approximately two km from the vicinity of the Yongsan-dong Fire Station in the city of Yongsan-dong to the front of the house, while under the influence of alcohol level of 0.156% from the blood level around 0:01 on October 27, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Four copies of inquiry about the result of crackdown on driving drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment, summary order) and other Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Although the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include favorable circumstances such as the fact that the defendant recognized all the crimes of this case, the defendant has been punished four times due to drinking, in particular, on February 18, 2009, the defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and a violation of the Road Traffic Act (Drinking Driving), and the above judgment became final and conclusive after being sentenced to a suspended sentence of ten months. The above judgment was issued on September 26, 201, but the summary order was issued on September 26, 201, but again committed the crime of this case. In light of such unfavorable circumstances, in light of these circumstances, it is insufficient for the defendant to prevent re-offending by the punishment against her negligence alone.