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(영문) 수원지방법원 성남지원 2020.06.17 2020고단719
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes 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. B written statements;

1. Investigative report, report on the circumstances of a drinking driver, investigation report, notification of the results of the crackdown on drinking driving, and detailed statement of handling cases reported in 112;

1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;

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. 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 was subject to three times criminal punishment due to drunk driving, and the suspended sentence of imprisonment was also punished, but the Defendant committed a second offense without being

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

Although it is not strictly punished, the defendant does not commit a second offense, but it is 10 years prior to the last drinking line.

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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