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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 9, 2016, the Defendant driven a B truck under the influence of alcohol content of 0.094% from blood alcohol concentration in around 10:04, and proceeded with a distance of about 1 km from the front of the Soak field gate of Incheon, which is located in the 1488 to the front of the Yak field gate of Incheon, to the front of the Yak field gate of Incheon, the river.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Application of the statutes of the response request for appraisal;
1. Relevant Article 148-2 (2) 3 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting a crime (or selection of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing specified below;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School, when the Defendant had violated the Road Traffic Act, including the same kind of crime, and even though there were several times of offenses, the Defendant, who driven a vehicle under the influence of alcohol, is not guilty of the crime of this case. However, the degree of alcohol concentration in blood was not relatively high, other traffic-related Acts and subordinate statutes were not violated, and there was no other traffic-related Acts and subordinate statutes, the Defendant’s mistake was divided later, and the Defendant’s age, sex, occupation, environment, family relation, etc. were considered to determine the punishment as above.