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(영문) 수원지방법원 성남지원 2020.04.17 2020고단169
도로교통법위반(음주운전)등
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. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on each traffic accident, on-site photograph, report on 112 case, report on the circumstantial statement of a drinking driver, investigation report, report on the results of crackdown on drinking driving, notification of the results thereof, and register of driver's licenses;

1. Previous records: Application of inquiry statements, investigation reports, and statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing), committed a second offense, even though he/she had been subject to three times a drunk driving, and two times a licenseless driving.

The drinking level also has a high risk of causing a large accident.

The crime can not be punished strictly because of its gross negligence.

However, the defendant is against the wrongness.

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.

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