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(영문) 수원지방법원 성남지원 2021.03.03 2020고단4086
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report, a report on the occurrence of a traffic accident, a report on the situation of the driver in charge, a report on the investigation (report on the situation of the driver in charge), a report on the results of regulating the driving of drinking alcohol, a report on the use of a drinking measuring instrument, a report on the department reported in the 112 case, a report on the department reported in the

1. A previous conviction: An inquiry about criminal history and the application of Acts and subordinate statutes of two copies of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, for the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc., committed a second offense even though he/she was punished by a fine due to drinking driving.

Since drinking volume is considerably high, it can not be punished strictly.

However, considering the fact that the defendant is against the defendant and the last drinking driving record was before 12 years, the punishment as ordered shall be determined by taking into account the details of the crime, driving distance, the circumstances after the crime, the age and health of the defendant, family relationship and living environment, etc.

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