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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2] On June 26, 200, the Defendant was granted a summary order of KRW 700,000 for a violation of the Road Traffic Act at the Daejeon District Court on November 30, 200, which was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Daejeon District Court on November 22, 2007, which was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Chungcheong District Court on November 22, 2007, which was sentenced to a suspended sentence of KRW 2 million for a violation of the Road Traffic Act at the Chungcheong District Court on March 11, 208. On September 24, 2014, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for a violation of the Road Traffic Act at the Daejeon District Court on July 14, 2016, and the Defendant was sentenced to a suspended sentence of KRW 2 million for a violation of the Road Traffic Act at the Daejeon District Court on July 214, 2016.
[2] On August 4, 2018, at around 22:00, the Defendant driven the E-Poter cargo in the state of alcohol leveling 0.231% of blood alcohol level from around 50 meters to the front day of the C apartment D convenience store from the front day of a non-fluent restaurant in the name of Sejong City B to around 50 meters.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, was driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A traffic accident report;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Although there are favorable circumstances such as the confession by the defendant for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the fact that the distance of drinking driving is relatively short, the defendant has several times of crimes of the same kind.