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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On January 20, 201, the Defendant issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act in the Jeonju District Court’s military mountain support on January 20, 201, and on July 23, 2014, the Defendant filed a claim for a summary order of KRW 5 million with the same court as the same crime.
No person shall drive any motor vehicle, etc. while under the influence of alcohol.
At around 22:15 on August 21, 2014, the Defendant violated the foregoing two or more occasions, and driven CM5 vehicles under the influence of alcohol by 0.128% in a section of approximately 300 meters of alcohol alcohol level from the street in front of the Young Apartment apartment located in the Masan-si, Simsan-si, Simsan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;
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 fact that there are several same kinds of force except the previous records of the crime in the judgment of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (for the following reasons for sentencing) (in particular, the court has been sentenced to six months of imprisonment due to drinking or non-licensed driving on January 8, 2004), despite being notified of a fine of high amount as stated in the judgment of the court on July 1, 2014, the fact that the person again committed the instant drunk driving within a short period despite being notified of a fine as stated in the crime record on July 1, 2014 is disadvantageously against the disadvantage of the latter, and the fact that there is a family member to support the said person shall be determined as per the disposition in consideration of the favorable circumstances.