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The punishment of the accused shall be determined by eight months of imprisonment.
Reasons
Punishment of the crime
[criminal history] The Defendant is a person who has been sentenced to imprisonment for six months due to a violation of road traffic laws at the Daegu District Court on January 22, 2013, a crime of violation of road traffic laws at the Daegu District Court on January 24, 2008, a crime of violation of road traffic laws at the support of the Daegu District Court on January 24, 2008, and a person who has been sentenced to imprisonment for ten months and a suspended sentence of two years, respectively, on two or more occasions.
[2] On September 16, 2017, the Defendant driven a B-car under the influence of alcohol with approximately 50 meters alcohol concentration of 0.066% from the 50-meter section to the front road of the same route from the street of the “permanent active” line located in a permanent university at a university at a time of permanent residence at around 03:00 on September 16, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of the Acts and subordinate statutes to inform the arrest report of the occurrence of the case, a written statement of the driver at home and the result of regulating drinking;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment is that the Defendant committed the instant crime even though he/she had been punished for the crime of drinking alcohol driving. This is an unfavorable circumstance to the Defendant.
The Defendant led to confession and reflect on the crime of this case.
The blood alcohol concentration is not high.
This is the circumstances favorable to the defendant.
In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.