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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On July 16, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on April 24, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking refusal to measure drinking), respectively. On September 27, 2013, the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Road Traffic Act (drinking), and on December 15, 2017, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking) at the same court.
[2] On August 23, 2018, the Defendant driven a f tea with alcohol content of 0.20% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from a section of approximately 500 meters from the front of the “C Mart” road in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, D apartment E-M.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting of a traffic accident (1) and reporting of a traffic accident (2);
1. Notification of the results of regulating drinking driving;
1. Statement on the circumstances of the driver in charge;
1. Investigation report (report on the situation of the driver in charge); and
1. A written statement;
1. The driver's license ledger (A);
1. Criminal history: A written reply to inquiry, such as criminal history, (A), investigation report (the same criminal record and confirmation of the suspect), judgment and application of the summary order Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The punishment for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the suspension of the execution of imprisonment for reasons of punishment, driving without a license for alcohol, refusing to measure alcohol, etc., has a record of criminal punishment on several occasions, including the suspension of the execution of imprisonment. After being punished by a fine due to driving of alcohol on July 2017, the person was sentenced to a fine on the part of a person who was under the influence of alcohol, and is again named in the crime for only one year. The alcohol concentration among the blood transfusion is very high, and the previous crime is