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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 7, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Daejeon District Court, and on December 12, 2008, the Defendant was issued a summary order of KRW 2 million for the same crime at the Chungcheong District Court, and on May 13, 201, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years for the same crime at the Chungcheong District Court, and on December 27, 2013, sentenced to imprisonment with prison labor for 1 year and 2 years for the same crime at the Chungcheong District Court.
On July 23, 2016, at around 06:15, the Defendant driven a B-Scar car from the front side of the “Non-Minacheon-gun” road located in Jincheon-gun, Jincheon-gun, Jincheon-do, Jincheon-do, Jincheon-do, 38-2, to the front side of the peace pharmacy located in the same Eup/Myeon, from around 300 meters, while under the influence of alcohol content 0.145%.
As a result, the Defendant violated the duty of prohibition of driving in the state of driving not less than twice, and driving a motor vehicle again in the state of driving.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Criminal records, repeated statements, copies of summary order, and application of Acts and subordinate statutes;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Determination of the same sentence as the disposition shall be made, taking into consideration the following factors: (a) the period of probation due to the discretionary mitigation of sentencing under Articles 53 and 55(1)3 of the Criminal Act; and (b) the period of two times prior to and after the two times prior to the suspension of the execution due to the drunk driving; (c) the degree of alcohol level
It is so decided as per Disposition for the above reasons.