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(영문) 수원지방법원성남지원 2020.11.11 2020고단2368
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. Reports on traffic accidents, reports on the occurrence of traffic accidents, photographs of the scene of accidents, investigation reports, circumstantial statements of the driver concerned, investigation reports on the driver concerned, investigation reports on the driver concerned, notification on the results of crackdown on drinking driving, notification to the department reported in the 112 case;

1. Previous records: Application of inquiry reports and investigation reports (formers and confirmations) and statutes, including criminal records;

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 Defendant, with the reason of sentencing under Article 62(1) of the Criminal Act, committed a second-year and eight months again even though he/she was sentenced to a fine due to drinking alcohol driving.

Since drinking level is very high, it can not be punished strictly.

However, considering the fact that the defendant is against himself and has no criminal record of punishment heavier than a fine, the punishment shall be determined as ordered in consideration of the age, health, family relationship and living environment of the defendant, the details and result of the crime, and circumstances revealed in pleadings, such as the circumstances after the crime.

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