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(영문) 수원지방법원성남지원 2020.11.25 2020고단2681
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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. A traffic accident report, a black box image photograph, a report on the occurrence of a traffic accident, a report on the situation of the driver, a report on the circumstances of the driver, an investigation report, a report on the results of crackdown on driving under the influence of alcohol, a photograph of the scene of the accident, and a report on investigation (verification

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

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 reason for sentencing under Article 62(1) of the Criminal Act, despite having been sentenced three times or more due to drunk driving, the Defendant committed a second offense and caused a traffic accident.

Although it is not strictly punished, it is not possible to punish the defendant. However, considering the fact that the defendant is against himself, and the vehicle driven by the defendant without being injured by the victim is subscribed to a comprehensive motor vehicle insurance and the victim does not want the punishment of the defendant, the punishment shall be determined as ordered by the order, taking into account the details and degree of the crime, driving distance, accident circumstances and shock degree, circumstances after the crime, the defendant's age and health, family relationship and living environment, and the scope of recommended punishment according to the sentencing guidelines.

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