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(영문) 수원지방법원 성남지원 2020.05.20 2019고단3212
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. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the result of crackdown on driving under the influence of alcohol, statement in the circumstance of a drinking driver, and investigation report;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verification of recidivism of sound driving)-related 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 Defendant, with the reason of sentencing under Article 62(1) of the Criminal Act (i.e., favorable circumstances among the reasons for sentencing), committed a second offense, even though he/she had been punished four times by a fine due to drinking alcohol driving.

Although it is not strictly punished, the defendant is going against the mistake and not to repeat the crime.

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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