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(영문) 수원지방법원성남지원 2020.12.23 2020고단2934
도로교통법위반(음주운전)등
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. Statement of control, notification of the results of the control of drinking driving, report on the situation of a drinking driver, photographs at the scene of detection, the register of driver's license, and ctv video closure photographs for crime prevention;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act, was punished twice due to drunk driving and three times due to without a license driving, and caused a traffic accident by negligence while driving, causing the injury of people, or criminal punishment due to not taking any action after the accident, committed a second offense only for one year and five months after he/she was sentenced to criminal punishment due to drunk driving.

The punishment shall not be strictly punished, but it shall be determined as ordered in consideration of the fact that the defendant is against his will, taking into account the details and degree of the crime, the driving distance, the circumstances after the crime, the age and health of the defendant, family relationship, living environment, etc.

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