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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On February 21, 2008, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating road traffic laws at the Chuncheon District Court on February 21, 2008. On January 29, 2010, the Defendant was sentenced to a suspended sentence of 8 months for the same crime, etc. at the Jung-gu District Court on January 29, 201 and completed the execution of the sentence at the Jung-gu prison on May 25, 2010
On November 2, 2015, the Defendant driven a C Poter in the state of alcohol leveling 0.222% of alcohol leveling from around about 20km section from around 17:30 to around 17:2% of the cpoter in the direction of the cpoter, which was under the influence of alcohol leveling from around 20km of the same cpoter, to the front road of the cpool-ro, Cheongpo-gu, Seopo-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. A traffic accident report;
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports (Attachment of suspect drinking records);
1. Article 148-2 (1) 1, Article 148-2 (2) 1, and Article 44 (1) (to be sentenced to imprisonment) of the relevant Act and Article 44-2 (1) of the Traffic Act on the basis of the type of crime;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity, in light of the following: (a) although the Defendant had already been sentenced to a punishment for violating the Road Traffic Act due to drunk driving, the Defendant re-driving the instant drinking; and (b) under the very dangerous condition that the alcohol concentration in blood at the time of the instant case was 0.22% at a very dangerous level, the Defendant could have caused a serious accident due to driving of the relevant truck; (c) as such, the Defendant would be unable to prevent the Defendant from repeating the crime by being sentenced to a fine or a suspended sentence, and thus, (d) the Defendant is legally bound at the time of sentencing.