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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On January 17, 2007, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Jeju District Court on January 17, 2007. On May 29, 2008, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for the same crime.
【Criminal Facts】
On October 4, 2018, at around 01:25, the Defendant driven a DNA car under the influence of alcohol content 0.195% from the 1km section to the cafeteria road of the trade name “C” located in the same city from the front of the main shop in which it is impossible to identify the trade name in the Southern East East-si in the following city.
As a result, the defendant was punished twice or more due to drinking driving and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports, and copies of summary orders;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment (to be punished once by a fine due to drinking or unlicensed driving, etc.; to be punished by a suspended sentence of imprisonment once; to be punished by a suspended sentence of imprisonment; to be considered, the degree of blood alcohol content is high, etc.);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there is no record of the same kind of crime after 2009, and other consideration of the defendant's age, character and conduct, circumstances of the crime, etc.);