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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 1, 201, the Defendant was sentenced to a suspended sentence of 4 months by committing a violation of the Road Traffic Act (driving) at the Suwon District Court on September 1, 201, and on November 5, 201, the Defendant was issued a summary order of 5 million won by the same court on November 5, 2010.
At around 14:40 on January 21, 2013, the Defendant driven a B Mart car under the influence of alcohol content of about 0.152% from the 1.4km section of approximately 1.4km to the 340-12 front road of the same Man-dong 789 “head collection” Man-dong 789.
Summary of Evidence
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Recording notes;
1. 112 reported case handling table;
1. Previous records: Application of inquiry statements, investigation reports (former records and attachment of judgment), and statutes, such as criminal records;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., distance of operation, blood alcohol concentration, Defendant’s previous conviction, age, etc.) are as follows: (a) not only the Defendant had driven a drinking again during the period of suspension of execution due to drinking, but also the nature of the crime such as the escape, and circumstances after the commission of a detention warrant; and (b) is not good.