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(영문) 수원지방법원성남지원 2020.11.25 2020고단2764

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. Detection report, report on the circumstances of driving under the influence of alcohol, report on the results of crackdown on driving under the influence of alcohol, copy of the usage register of a drinking measuring instrument,

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

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 Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing), committed a crime again in one year and five months, even though he/she had been subject to a fine twice due to a drunk driving.

The punishment shall not be strictly punished, but it shall be determined as ordered in consideration of the fact that the defendant is against his will, taking into account the details and degree of the crime, the driving distance, the circumstances after the crime, the age and health of the defendant, family relationship, living environment, etc.