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A defendant shall be punished by imprisonment for not less than eight months.
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
On July 5, 2013, at around 21:30, the Defendant driven the Bwon-III truck at approximately 5 km up to 171 km-ro, an Eup in front of 171, in the form of alcohol alcohol concentration of 0.230%.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;
1. A person who drives a motor vehicle without any particular reason in the state of high blood alcohol concentration in the choice of the punishment, causing a traffic accident, such as taking the street, etc. on the cargo lane, and thus, a person who has the power to refuse to take a drinking test and so,
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (no criminal record exists for the latest ten years);
1. Article 62 (1) of the Criminal Act on the suspended execution (no record of punishment exceeding a fine exists);
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;