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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On May 11, 2017, the Defendant was sentenced to a suspended sentence of two years and six months for a special robbery in the Chungcheong District Court’s Assistance, which was sentenced to a suspended sentence of two years and six months for a special robbery, and the judgment was finalized on May 19, 2017, and is currently under suspension of execution. On February 21, 2014, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating road traffic law (dacting driving) in the Support for Ingnsan of Suwon Friwon, which was sentenced to a summary order of KRW 2 million for the same crime on July 13, 2016, and was sentenced to a summary order of KRW 2 million for a crime of violating road traffic law (dacting driving) at least twice.
1. On October 8, 2017, around 05:56, the Defendant driven a B-hand car with alcohol content of 0.073% while under the influence of alcohol at a point 200 meters in front of a tunnel in each b00-meter Myeoni-si.
2. On November 22, 2017, at around 22:00, the Defendant driven a B-hand motor vehicle in the state of alcohol alcohol concentration of approximately 0.057% from a section of about 500 meters from the roads in front of the cafeteria of the mutually aesthetic frequency, which is located in the Heung-gu, Seo-gu, Seo-gu, Seo-gu to the roads in front of the new service distance in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Detection of the detection site;
1. Previous convictions in judgment: A reply to inquiry, copy of the judgment, and copy of each summary order, such as criminal history, shall be applied;
1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment with prison labor) concerning the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The scope of punishment: Imprisonment for not less than six months but not less than two years and three months;
2. Determination of sentence: Each of the instant cases, even though the Defendant was under suspension of execution as stated in the record of crime, under favorable circumstances, such as the fact that the Defendant confessioned the fact of crime in October, and the Defendant’s blood content is relatively high.