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(영문) 의정부지방법원 2019.05.22 2019고단926

도로교통법위반(음주운전)등

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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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car BM520.

On January 27, 2019, at around 21:40, the Defendant driven the said car with a blood alcohol concentration of 0.131%, while driving the said car at the speed of 0.131%, and driving the front road in front of the city of his/her own city at the floodside where it is possible to use the two-lanes of the two-lane 4-lanes of the two-lane, and neglecting the front-time stop due to the influence

Madden is proceeding earlier

The latter part of the E K5 vehicle driven by the victim D (ma, 26 years old) who temporarily stops is the front part of the said SM520 vehicle, and due to its shock, the victim FF (ma, 26 years old) who stops before the said K5 vehicle re-stoped, had the latter part of the G K5 vehicle driven by the said K5 vehicle.

Ultimately, the Defendant is driving under the influence of alcohol concentration of 0.131%, and is driving a motor vehicle under the influence of alcohol that makes it difficult to drive normally due to the influence of alcohol.

The above victim D suffered the injury of climatic salt, etc. in need of treatment for about two weeks, and the victim F incurred the injury of climatic salt, tensions, etc. requiring treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. The actual condition survey report;

1. On-site map and on-site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Criminal Act is that each violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is an ordinary concurrent crime.