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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On January 4, 2012, the Defendant was sentenced to a suspended sentence of two-month imprisonment with prison labor for a crime of violating road traffic law at the Seoul Southern District Court on the following grounds: (a) two-month suspension; and (b) six-month suspension of execution with the same court on May 23, 2014 for a crime of violating road traffic law.
[Criminal facts] Defendant 1 had been punished twice or more due to drinking driving as above, but around December 16, 2016, Defendant 2 driven BM5 automobiles under the influence of alcohol content of about 0.149% from the 1km section of blood alcohol from the 1km to the front road of the 377 Incheon Geumcheon-gu, Geumcheon-gu, Seoul, as it was from the 8-gu Incheon Metropolitan City Seog-dong Gan Forest Station No. 8, 16, to the front road of the gas station.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, the statement report on the situation of the driver driving, the details of crackdown, and the report-related department in the case of 112;
1. Previous conviction: Application of a reply to inquiry, text of judgment, and copy of summary order, such as criminal history;
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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act and the fact that a person once drivess alcohol again despite the fact that he/she had been sentenced to five times or more, including the decision of two suspended execution due to the reason for sentencing and driving without a license under Article 55(1)3 of the Criminal Act, and the fact that the amount of alcohol concentration in blood is relatively high, and other circumstances, such as driving distance, driving circumstances, and circumstances after the crime, etc.