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(영문) 수원지방법원 성남지원 2021.03.31 2021고단254

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of 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. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report, report on the situation of driving at home, report on the situation of the driver at home, investigation report (report on the situation of the driver at home), notification on the results of the crackdown on the driving of drinking, inquiry report on the results of crackdown on the driving of drinking, on-site photographs, black images, CCTV images, on-site CCTV images, and investigation report (Evidence video);

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. As such, even if a person was subject to two times or more due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, it cannot be severely punished.

However, considering the fact that the defendant reflects on the nature and degree of the crime, driving distance, circumstances after the crime, the age and health of the defendant, family relationship and living environment, etc., the punishment as ordered shall be determined in consideration of the whole circumstances shown in the arguments.