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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2014. 10. 24. 20:24경 혈중알코올농도 0.257%의 술에 취한 상태로 상주시 함창읍 구향리에 있는 퀸마트 앞길에서부터 문경시 모전동에 있는 경북종합카센터 앞길에 이르기까지 약 2.5km 구간에서 B 포터 화물차를 운전하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a report on detection of a host driver;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. The sentence shall be imposed as ordered by taking into account the following factors: (a) the Defendant’s reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act, including the Defendant’s age, character and conduct and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing that are shown in the pleadings of the instant case,