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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
On June 13, 2018, around 00:25, the Defendant driven B Maz car in the state of alcohol alcohol concentration of approximately 0.227% in the 13km section from the front of the Geum-dong Home Plusm to the front road of the Gyeonggi-do in the Gyeonggi-do. In addition, the Defendant driven B Maz car in the state of alcohol alcohol concentration of about 13 km from the front of the Gyeonggi-do Home Plusm to the front road of the Samcheon-do in South Korea.
Summary of Evidence
1. Statement by the defendant in court;
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. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Social Service and Order to Attend Courses is a convenient means of transportation. However, since it is a dangerous article that may be prone to dangerous weapons, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal conditions.
In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.
In the instant case, the Defendant, at the time of control, was driving a motor vehicle even though his blood alcohol content is inaccurate as 0.227%, and the degree of driving was very high due to a remote distance, etc., and the risk of occurrence of a traffic accident due to the foregoing drinking driving was also high.
Since it is reasonable to see that the illegality of crime is serious.
In addition, the defendant committed the crime of this case again even though he had the record of being issued a summary order of 1.5 million won due to the violation of the Road Traffic Act by the Jung-gu District Court on September 8, 2015, since he committed the crime of this case, there is a heavy punishment to prevent the second offense.
However, the defendant recognizes all of the crimes of this case and reflects them.