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(영문) 수원지방법원 성남지원 2020.06.17 2020고단703
교통사고처리특례법위반(치상)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. A written statement of the police suspect interrogation protocol of the defendant concerning the defendant;

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, photographs of the accident site and the accident vehicle, report on the circumstances of a drinking driver, investigation report, notification on the results of the crackdown on drinking driving, each diagnosis form, CCTV image closure, response to requests for appraisal;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of punishment records of the same kind of case);

1. Relevant law concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of sound driving), Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Determination of a sentence of imprisonment without prison labor for a crime of violation of the Road Traffic Act in relation to the selection of a sentence, and a sentence of imprisonment without prison labor for a crime of violation of the Act on Special Cases concerning the

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 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 the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) is that even though the Defendant had been punished twice by a fine due to drinking alcohol driving, he/she cannot repeat the crime and make the two persons suffer from traffic accidents.

However, the defendant is going against and not to repeat the crime.

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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