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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 30, 2018, around 13:35, the Defendant driven a Fpoter II truck under the influence of alcohol leveling 0.286% from approximately 50 meters in a section of approximately 50 meters from the front of the “C” restaurant located in the Chungcheongbuk-si B to the front of the “E” store located in the same city D.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Notification of the results of crackdown on driving alcohol (A);
1. Statement of the circumstances concerning the driver at the main place of business (A);
1. Investigation Report (main driver’s circumstantial report) -G
1. A H statement;
1. Application of Acts and subordinate statutes to photographs of accident scene and accident vehicles;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);
1. Articles 53 and 55(1)3 of the Criminal Act on the Reduction of Small Quantity (i.e., re-offending period (the period between around 1998 and around 2004 by a majority of the previous drivers of drinking, and the recent years have no record of driving in addition to the one-time refusal to take measurements of drinking, and the fact that there is little degree of accident) of the same Act) under Article 53 and Article 55(1)3 of the Criminal Act (i.e., a suspended sentence of imprisonment with prison labor for the reason of sentencing. There is a history of being sentenced to a fine by measuring the drinking after the occurrence of a traffic accident. There is a conflict with the vehicle driven by the central line. There is a conflict with the vehicle driven by the central line. The degree of alcohol concentration in the blood during the previous drinking exhibition of drinking alcohol is very high, and the degree of alcohol content in this case is very high to 0.286%. Such other facts and conditions of sentencing are considered.