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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 4, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on December 4, 2009; on September 13, 2013, a fine of five million won for the same crime; on January 15, 2015, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Non-licensed Driving) at the Seocho District Court on March 15, 2015.
Criminal facts
On December 28, 2014, the Defendant driven Bone Star vehicle under the influence of alcohol by 0.106% in a distance of about 300 meters from the Sinsan-gu Pungdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong
Therefore, even though the Defendant had a driving force twice or more, the Defendant was driving under the influence of alcohol as above.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The circumstantial report on the unlicensed driving and the circumstantial report on the driver;
1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (applicable to judgments, etc. on the same type of power);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 (see the reasons for sentencing) of the Criminal Act for discretionary mitigation is that the Defendant was sentenced to a fine of KRW 1.5 million for a drunk driving on November 18, 2005, a fine of KRW 2 million for a drunk driving on December 4, 2009, a fine of KRW 5 million for a drunk driving on September 13, 2013, and a fine of KRW 5 million for a drunk driving on January 15, 2015.
As above, the Defendant had already been.