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(영문) 수원지방법원성남지원 2020.09.09 2020고단1473
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, photographs of the scene of an accident, etc., report on the situation of a drinking driver, investigation report, notification of the results of crackdown on drinking driving, field photographs, etc., notification of the 112 Report-Related Department, notification of the 112 Report-Related Department, closure of a black video;

1. Previous records: Criminal records, etc., inquiry inquiry reports and application of double-order Acts and subordinate statutes;

1. Relevant provisions of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving and the choice of imprisonment), the former part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) (the point of causing danger driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

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, while driving a motor vehicle under the influence of alcohol, was subject to a fine twice or more due to a drunk driving.

There is no strict punishment, but the defendant is against the defendant, and the victim's injury is minor and the victim does not want the punishment by mutual consent with the victim.

In addition, criminal records of final drinking driving are 9 years or more.

In addition, the defendant's age and health, family relations and living environment, the details and result of the crime, the circumstances revealed in the arguments, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines shall be determined as per the order.

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