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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On February 25, 2008, the Defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, on November 19, 2010, the same court issued a summary order of KRW 3 million as a fine for the same crime, and on June 26, 2013, the same court issued a summary order of KRW 5 million as a fine for the same crime. On September 24, 2014, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act.
At around 02:00 on March 10, 2016, the Defendant driven D Eccoo passenger cars at approximately 1km from the north-gu Mandong to the front intersection of the Western University, as the Defendant was under the influence of alcohol of 0.113% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previouss before and after judgments: Criminal records, inquiry reports, written judgments, application of summary order-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) the Defendant repeated a crime during the period of suspension of execution due to drunk driving; (b) the Defendant’s blood alcohol concentration is high; and (c) the Defendant was already punished four times due to drunk driving; and (d) so, it is inevitable to sentence the Defendant
However, given that there are two minor children to be supported by the defendant, and there are favorable circumstances such as the fact that the defendant does not repeat again, it shall be considered, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character, conduct, environment, health conditions, circumstances after the crime, etc., shall be considered, and the punishment shall be determined as ordered.