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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 13, 2016, the Defendant driven D rocketing car under the influence of alcohol content of 0.276% in blood on the front of Daejeon Pungdong C at around 16:15.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on traffic accidents and on-site photographs;
1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);
1. The favorable circumstances are that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of quantity are recognized, and that he/she is against the law.
However, on October 24, 2013, the Defendant had been sentenced to a punishment of two-year suspension of the execution on August 24, 2013 due to drinking driving, and in addition, the Defendant has been subject to a punishment of a fine on one occasion due to drinking driving.
At the time of the instant case, alcohol concentration was very high, and there was no damage to human life, but caused traffic accidents.
Considering this point, the sentence of sentence is inevitable for the defendant.
In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.