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A defendant shall be punished by imprisonment for one year.
except that 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
At around 00:10 on May 28, 2020, the Defendant driven a nose or car under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.216% in the front of the public parking lot in the Do in the Do in the city of Masan-dong B from around 300 meters to the front of the “D Pharmacy” road in C.
Summary of Evidence
1. The legal statement, statement, report on the occurrence of traffic accidents by defendants and the actual condition investigation report;
1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. In light of the social request of eradicating harmful effects caused by drinking driving under the reason of sentencing under Article 62 (1) of the Act on the Suspension of Execution, and the current Road Traffic Act, which greatly strengthened statutory punishment, causes an accident that causes the traffic congestion of the facility while driving under the influence of alcohol after the enforcement of the Road Traffic Act, and the blood alcohol concentration level exceeds the criteria for revocation of license, choice of imprisonment cannot be deemed to be less light: Provided, That in light of the fact that the execution of the sentence is suspended by taking into account the primary and depth of the person who has no record of punishment, the defendant's age, occupation, family environment, etc., and the risk of recidivism is unlikely to be seriously threatened, and probation and other measures are not imposed. It is so decided as per Disposition on the grounds above.