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A defendant shall be punished by imprisonment for one year.
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 February 8, 2018, while under the influence of alcohol level 0.094% from blood, the Defendant driven B rocketing car at around 06:16,00, and proceeds from 40,000 national highways prior to 16, public road at 16, on the surface of the public police station in the state of drinking, along with the “flost stop”, the Defendant: (a) was negligent in the course of driving along the median line and the central line with yellow solid lines installed at the port of the public police station in the state of drinking while under the influence of alcohol, and (b) was negligent in the course of driving along the opposite lane on the opposite side; (c) at that time, the victim C’s 25 ton of the instant opposite lane, such as the upper right side of the Kaco truck at the beginning of the public police station in accordance with the said opposite lane, confirmed the victim C’s 25 ton the left side of the Kaco truck at the speed of 24,000 square meters and did not immediately provide repair.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on traffic accidents (one, two, a survey report on actual condition), and notification of the results of crackdown on driving drinking;
1. Application of written estimates /D statutes
1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure not taken after an accident), Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. He/she shall choose to imprisonment with prison labor, taking into consideration the following factors: the observation of protection, community service, and order to attend lectures twice the grounds for sentencing under Article 62-2 of the Criminal Act; and the degree of alcohol concentration in blood is not minor;
However, in consideration of the fact that more than 10 years have elapsed from the two previous crimes to the crimes of this case, there is no criminal record exceeding the fine, the fact that the defendant agreed with the victim, and the defendant is in depth against the victim, and there is room for the last opening, the execution of the sentence shall be suspended at once.
(b) other.