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(영문) 수원지방법원성남지원 2020.10.21 2020고단2240

도로교통법위반(음주운전)

Text

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

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. Control note, circumstantial statement report, notification of results of control, and investigation report;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the criminal record for which the defendant was sentenced to a fine twice due to drinking alcohol driving, and one of them is the criminal record for which the person was injured by causing a traffic accident while driving under drinking alcohol, but it does not severely punish him/her for a period of one year and four months.

However, considering the fact that the defendant is against the defendant, the defendant's age and health, family relationship and living environment, details and result of the crime, and circumstances revealed in the arguments shall be determined as ordered in consideration of the sentence.