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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 17, 2013, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on April 17, 201, and was sentenced to a suspended sentence of 2.5 million won at the same court on October 7, 2011, and was sentenced to a fine of 2.5 million won or more.
On June 17, 2016, at around 20:40, the Defendant driven a DH car under the influence of alcohol content of about 0.238% from the 200-meter section to the front road of Songpa-gu Seoul Metropolitan Government, the Defendant was under the influence of alcohol at approximately 0.238%.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the circumstantial statements of a drinking driver, and report on the circumstances of the driving of a drinking house;
1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
1. According to Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation, the defendant was sentenced to a fine of 500,000 won in 192, a fine of 2 million won in 1996, a fine of 2 million won in 1998, a fine of 2 million won in 1999, a suspended sentence of 2 years in June in 1999, and a suspended sentence of 2 years in 2000, and a fine of 1 million won in 2007, a fine of 1 million won in 2007, and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2010, a fine of 2.5 million won in 201, a fine of 1 million won in 2012, a fine of 2 million won in 2013, and a person who has been sentenced to a suspended sentence of 2 years in order to prevent a drunk from drinking in 208.
However, it is decided as per the disposition in consideration of all the sentencing conditions, such as the fact that the defendant is divided in depth and the age of the defendant.