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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 28, 2008, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the crimes of violation of the Road Traffic Act at the Daegu District Court on December 10, 2009, and sentenced to 1 year and 2 months of imprisonment for the crimes of violation of the Road Traffic Act at the Daegu District Court on December 10, 2009, and on June 13, 2013, at the Daegu District Court on June 13, 2013, the Defendant completed the execution of the sentence at the Daegu Detention House on December 12, 2013.
On May 26, 2014, at around 23:37, the Defendant driven C Le-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-U-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Previous records: Application of criminal records, inquiry reports (A), investigation reports (verification of the date of final release), investigation reports (Attachment to the same type of judgment) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime, even though he/she had the record of being punished on seven occasions including four times of his/her imprisonment due to drunk driving, and further, committed the instant crime only for six months after he/she was sentenced to a sentence due to drunk driving, and again committed the instant crime, and even for six months after he/she was released from the sentence, and the blood alcohol concentration at the time was considerably high, it is inevitable to sentence the Defendant as a sentence.
However, the Defendant’s depth reflects the instant crime, the driving distance is relatively short, and the sentencing conditions such as the motive, means and result of the instant crime, the circumstances after the instant crime, the age, character and conduct of the Defendant, and family environment, shall be determined as ordered by considering the following factors.