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(영문) 수원지방법원 성남지원 2020.06.03 2020고단711

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three 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. The written statement of the suspect interrogation protocol B of the defendant concerning the defendant in the court statement, the report on the situation of driving in the police station, the notification of the results of the crackdown on drinking driving, and the field photo;

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. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) is that the Defendant is subject to a fine once due to drunk driving, and even if he was subject to a suspended sentence of imprisonment once, he/she cannot severely punish him/her.

However, the defendant reflects the wrong, the drinking value of which was not high, and seven years prior to the final drinking division.

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.