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(영문) 수원지방법원 성남지원 2020.05.27 2020고단503

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. The suspect interrogation protocol of the police as to the defendant who made the court statement of the defendant;

1. The application of each investigation report (report on the circumstances of a drinking driver), each drinking driver’s circumstantial statement, each report on the results of the crackdown on drinking driving, each report on the request for appraisal, the report on the detection of a drinking driver, the notification of the results of the crackdown on drinking driving, the investigation report (CCTV image), and the Acts and subordinate statutes governing CCTV video mosty;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment on December 16, 2019), Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment on December 16, 201) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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) cannot be strictly punished by driving under the influence of alcohol on the day when the driving under the influence of alcohol is controlled.

However, the defendant reflects the wrong, and the same does not apply to this case.

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.