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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On October 23, 2008, the Defendant was sentenced to a suspended sentence of two years in Seoul Western District Court for a violation of the Road Traffic Act (drinking driving), on April 1, 2010, a summary order of a fine of two hundred five hundred thousand won in the same court as the same crime, and on January 20, 2015, the Defendant was sentenced to a suspended sentence of eight years in prison for a violation of the Road Traffic Act (drinking driving) at the same court on January 20, 2015, and was sentenced to a suspended sentence of two years in prison for two or more times due to drinking driving.
On February 3, 2018, the Defendant served as a village bus driver (ju) who is employed by the Defendant. On February 3, 2018, around 19:50, the Defendant driven a new town bus belonging to C (ju) with a alcohol concentration of about 12 km from the end point of the 11ma-ro, Seodaemun-gu, Seoul, to the roads of about 178, Sungsan-ro, Mapo-gu, Seoul, for about 12km from the end point of the 112km to the roads of the 178-ro, Mapo-gu, Mapo-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions: References to inquiries, such as criminal history, investigation reports (the records of the same criminal history of the suspect), relevant decisions, and application of Acts and subordinate statutes of the summary order;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Circumstances favorable to the reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity: The defendant supports his family's livelihood; the defendant is being punished for driving under drinking over several occasions; the crime of this case again leads to the crime of this case even if he is punished for driving under drinking over several times; the crime of this case is very poor in that it is likely that many passengers' life may be put into danger, as the crime of this case concerns driving under a village bus used by the public; and all of the sentencing conditions specified in the theory of the record and change, such as the defendant's age, sex, family relationship, circumstances before and after the crime, etc., are considered.