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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 May 25, 2012, at around 22:55, the Defendant driven a C Poter Cargo in B-owned state under the influence of alcohol content of 0.205% without a vehicle driver’s license, from the Hartart-dong adjacent to the Hart-dong, Ansan-si to the 1km-dong 202 front road of the same Gu.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. A written statement on the occurrence of a D traffic accident;
1. 교통사고보고 ⑴⑵, 관련 사진, 교통사고 발생보고서, 주취운전자 정황보고서, 음주측정 기록지, 주취운전자 적발보고서, 자동차운전면허 대장 법령의 적용
1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on the Probation, etc., is deemed to have driven a vehicle under the influence of alcohol or without a license, and driving under the influence of alcohol is a dangerous crime that may lead to a serious accident that may cause another person's life, and as the Road Traffic Act was revised, the punishment for the act of drinking alcohol has been greatly strengthened, and the blood alcohol concentration of the defendant was 0.205% at the time of this case, and the defendant committed the crime of this case even though he had the history of having already been punished for a fine for driving under the influence of alcohol, it is necessary to strictly punish the defendant.
(b).