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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On March 7, 2008, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Suwon District Court on May 18, 201, to a fine of two million won for the crime of violation of the Road Traffic Act (driving under the influence of drinking), to a imprisonment of four months and a suspended sentence of two years for the crime of violation of the Road Traffic Act (driving under the influence of drinking under the influence of the Suwon District Court on April 19, 201, and to a imprisonment of eight months for the crime of violation of the Road Traffic Act (driving under the influence of drinking under the influence of the Suwon District Court on April 19, 201), and the parole period passed on October 28, 2013 during the execution of the sentence.
On April 11, 2015, at around 00:07, the Defendant driven the E 5-vehicle under the influence of alcohol with approximately 0.113% alcohol concentration at a distance of about 150 meters from the front day of the Hewait to the front day of the Ireland located in the same Dong.
Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;
1. Previous records: Application of the Acts and subordinate statutes on inquiry records such as criminal records, etc. and personal identification and confinement status;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation may be considered as favorable to the defendant that the defendant recognized the facts charged in this case and reflects his mistake. However, considering the fact that the defendant committed the crime in this case during the period of repeated crime of the same kind in which he was punished several times due to the same kind of mistake, it is inevitable to punish the defendant significantly.
Other circumstances shown in the records, such as the defendant's age, character and conduct, family environment, etc., shall be determined as per the disposition.