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(영문) 수원지방법원 성남지원 2020.05.20 2019고단3025

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. A written statement of the police suspect interrogation protocol of the defendant concerning the defendant;

1. A survey report on the actual condition of a traffic accident, drug map at the scene of an accident, a report on the occurrence of a traffic accident, a photo at the scene of an accident, a notice of the results of the control of drinking driving, a statement on the circumstances of a drinking driver, an investigation report, a photograph of CCTV images for crime prevention and a diagnosis report;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Relevant provisions of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving and the choice of imprisonment);

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

1. The reason for sentencing under Articles 53 and 55(1)3 (see, e.g., favorable circumstances among the reasons for sentencing) of the Criminal Act was sentenced to a fine by drinking alcohol driving in 2015. The Defendant committed a second offense only in one month, even though he was under the influence of drinking driving, thereby causing a traffic accident.

Although it is not strictly punished, the defendant is against the mistake. However, the defendant is against the wrong.

In addition, the defendant's age and health, family relations and living environment, the details and result of the crime, the circumstances revealed in the arguments, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines shall be determined as per the order.