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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On October 14, 2009, the Defendant was sentenced to a suspended sentence of two years for a year due to a violation of road traffic laws (drinking) in the Young-gu District Court Young-gu District Court Young-gu branch on the following grounds: (a) on January 29, 2014, the Defendant was sentenced to imprisonment for a violation of road traffic laws (drinking) and was sentenced to eight months in the same court on June 15, 2015; and (b) on June 15, 2015, deemed to be a clerical error.
The execution of the sentence was completed.
Although the Defendant had been subject to punishment twice or more due to drinking driving, he again drives the E-high truck under the influence of alcohol with approximately 0.283% alcohol concentration from the 3.1km section from the 18:50 on June 20, 2016 to the 627-4 on the road in the same Myeonnju, around 18:50 on June 20, 2016.
Summary of Evidence
In the case of arrest report of the police statement of the defendant F in the court statement of the defendant, inquiry into the results of crackdown on drinking driving, inquiry into the situation report of the driver under the influence of alcohol, inquiry into the results of crackdown on driving driving, the distance investigation report of driving vehicle (the detection report of any quasi-driving), investigation report (the dispatch and arrest circumstances): A inquiry letter, such as criminal history, inquiry letter, investigation report (A), attachment of investigation report (the attachment of the previous judgment and confirmation of the period of repeated offense) related to the criminal facts subject to the applicable Acts and subordinate statutes, Article 148-2 (1) 1, Article 44(1) of the Act on Traffic of Roads, Article 53 and Article 55(1) 3 of the Criminal Act aggravated for repeated offense (the choice of imprisonment), Article 35 of the Act on the Punishment of Small Quantity Reduction of Punishment of Criminal Act (the selection of punishment), Article 55(1)3 of the Criminal Act, even if the defendant's reason for sentencing of punishment has a one-time fine due to drinking driving, suspension of imprisonment once, and two times imprisonment.
The defendant is punished for the same crime and leads to the crime of this case during the period of repeated crime, and the blood alcohol concentration is very high at the time of the crime.
However, the defendant's mistake is recognized and reflected, the defendant is a person with a disability of the third degree with delay, and the family of the defendant is a person with a disability of the third degree.