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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 8, 2009, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act for the purpose of the violation of the Road Traffic Act at the Changwon District Court's Jinju on April 8, 2009, and on April 26, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act, and the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act,
At around 00:05 on August 8, 2016, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a Bskn motor vehicle under the influence of alcohol content of 0.130% on the seven kilometers from the road front of a cafeteria located in the Skcheon-si, Sacheon-si to the road front of the Gukin-si, Jin-si, Jin-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. Previous convictions indicated in judgment: Application of criminal records, reference reports (A), investigation reports (former records, summary orders, etc.);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation lies in a favorable condition to the defendant, such as that the defendant reflects his own crime and has no criminal power to punish the defendant. However, considering the fact that the defendant had been punished five times due to drunk driving, and the defendant committed the instant crime even if he was punished for a suspended sentence on two occasions, it is reasonable to have the drinking level of the defendant, and the driving distance is reasonable, and the occurrence of the accident caused by the divers while driving under the influence of alcohol, it is inevitable to strictly punish the defendant.