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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
피고인은 2016. 9. 11. 00:30 경 천안시 동 남구 삼 룡 동 5-2 천 샛 골 낚시터 주차장에서 저수지 방면에서 낚시터 관리소 방면으로 약 15m 구간에서 혈 중 알콜 농도 0.242% 의 술에 취한 상태로 B 포터 화물차를 운전하였다.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);
1. According to Article 62(1) of the Criminal Act of the suspended sentence, the punishment as ordered shall be determined by taking into account the various circumstances shown in the pleadings of the instant case, including the Defendant’s blood content concentration, the background leading up to the detection of drinking alcohol, the distance from driving, and the criminal punishment of the Defendant.