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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On January 16, 2014, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act at the Jeju District Court, and on November 23, 201, the Defendant was sentenced to a suspended sentence of two years for August 23, 201 due to the same crime in the same court. On July 27, 2007, the Defendant was sentenced to a summary order of 2.5 million won for the same crime in the same court.
On June 1, 2017, the Defendant driven a car at the Cspo-type 100 meters away from the Do in which it is impossible to identify the trade name in Seopo-si, Seopo-si under the influence of alcohol level of 0.147% in the blood of around 00:15, the Defendant driven a car at the 100-meter section from the Do in which it is impossible to identify the trade name in Seopo-si, Seopo-si, and the front road in the Do.
On June 23, 2017, the Defendant driven a C Spanpo Area in the state of alcohol alcohol concentration of approximately 0.171% from the section of approximately 100 meters to the front road of the Young Red Housing in the same Dong, located in the same Dong, during the Jeju-do Do, on June 23, 2017, around 19:35.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving under drinking;
1. Statement on the circumstances of the driver at each driving school;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history, an inquiry report (a copy of the judgment and a copy of the summary order);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. There are circumstances such as: (a) the Defendant reflects the Defendant’s depth on the reason of sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity; (b) the mother ought to be considered; and (c) the history of punishment for a violation of road traffic laws (driving) is not high in three times.
However, as stated in the first head of the judgment, the Defendant committed each of the crimes of this case in the range of five months, since he was sentenced to imprisonment with prison labor for a year of January 2014 and for a period of five months after the suspension of the execution of imprisonment with prison labor for a year of imprisonment with prison labor, and committed a violation of the Road Traffic Act.