beta
(영문) 수원지방법원성남지원 2020.08.14 2020고단726

도로교통법위반(음주운전)

Text

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 became final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the circumstances of running a motor vehicle under consideration, a report on internal matters, a photograph of a CCTV image-fashion, a report on the circumstantial statement of a driver under consideration, an investigation report, a report on the results of crackdown on driving under consideration, and a photograph of the suspect under consideration;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of past records related to driving sound);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) is that the Defendant, while having been sentenced to a fine four times or more due to a drunk driving, does not severely punish the Defendant by driving an Oralba while drinking alcohol.

However, the Defendant reflects on the odometer, and did not keep the odometer.

In addition, the defendant's age and health, family relations and living environment, details and result of a crime, and circumstances revealed in pleadings shall be determined as ordered in consideration of the overall circumstances revealed after the crime.