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(영문) 수원지방법원성남지원 2020.12.23 2020고단2896
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. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, report on the crackdown on the results of driving under the influence of alcohol, on-site photographs, report on the actual condition survey

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, 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, Article 268 of the Criminal Act;

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

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 sentenced to a fine three times due to drunk driving, and was sentenced to criminal punishment for inflicting bodily injury on another person due to negligence while driving under the influence of alcohol, whereas causing a traffic accident.

Although it is not strictly punished, it is not possible to punish the defendant. However, in light of the fact that the defendant is against the victim's injury, and the victim's damage was paid by entering a comprehensive motor vehicle insurance without any weight of the victim, and the last drinking driving record was before 11 years, the punishment shall be determined as ordered by the order, taking into account all the circumstances revealed in the arguments, such as the circumstance and result of the crime, drinking degree and driving distance, circumstances after the crime, the age and health of the defendant, family relationship and living environment, and the scope of recommended punishment according

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