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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 18, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on April 18, 201, and was sentenced to a fine of KRW 9 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on September 13, 2013, and was sentenced to a summary order of KRW 9 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on November 20, 2013.
Criminal facts
Although the Defendant had been punished twice or more due to drinking driving, around March 22, 2016, at around 09:55, the Defendant driven a C Camp car with approximately 7km from the Seoul Mapo-gu to the 329-ro, Yongsan-gu, Seoul, with a alcohol level of about 0.160% from the 7km section to the 329-ro, Yongsan-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Records of judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of suspect records);
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. The reasons for sentencing under Articles 53 and 55(1)3 (see the following reasons for sentencing) of the Criminal Act are as follows: (a) the Defendant had already been punished three times due to drinking as stated in the criminal record as indicated in the judgment; (b) the Defendant was subject to the suspended sentence with respect to the last driving of drinking; (c) the Defendant once again driving of the instant drinking; and (d) the Defendant had a significant degree of alcohol concentration among the blood transfusion in the instant case. In light of the above, it is inevitable to sentence the Defendant as to the Defendant.
However, the above punishment shall be determined in consideration of the fact that the defendant has divided his/her wrongs and that he/she has only been sentenced to a fine once other than the above criminal records.