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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On October 19, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act in the Cheongju District Court Support on Cheongju District on October 19, 2010, and on October 25, 2012, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court, and the judgment became final and conclusive on November 2, 2012.
On February 11, 2014, at around 07:30, the Defendant driven CM520 automobiles in the state of alcohol alcohol 0.128% in the range of approximately 6m alcohol concentration from the next in front of the Taecheon High School located in Cheongcheon-si, Cheongcheon-do to the next in the same city 195-ro.
Summary of Evidence
1. Defendant's legal statement;
1. Report on actions taken against an employer, and report on the status of the employer-employed driver;
1. Previous convictions in judgment: Inquiries-written inquiries, criminal records, investigation reports (Attachment to previous records and written judgments, etc.), two copies of summary orders, and application of Acts and subordinate statutes of one written judgment;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished once for drunk driving only after 2010, once for a non-licensed driving, once for a non-licensed driving, and one-time for a non-licensed driving, etc., but the probation period due to drinking, non-licensed driving, etc. (However, the probation period was revoked due to the instant crime) is very high for the Defendant to commit the instant crime.
A sentence shall be imposed on a defendant in consideration of the fact that he/she commits the same kind of crime several times within the short period and that the blood alcohol concentration is very high.
The punishment shall be determined as per the order, taking into account all other factors of sentencing.