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(영문) 수원지방법원 성남지원 2019.10.01 2019고단1483
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driven a B B B B B B B Blue car under the influence of alcohol level of 0.125% on March 23, 2019, and driving the two-lane roads in front of Sungnam-gu, Sungnam-gu, Sungnam-si along two-lanes of a sports ground shooting distance protection area at the D market room, while driving the two-lanes in front of the D market, and driving the two-lanes of the victim E(52 years old) who stopped from the wind to the air and stopped in the air due to a traffic signal at the front of the D market.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury such as the Victim G(56), H(38), and I(66) for about two weeks of treatment.

2. Around 06:45 on March 23, 2019, the Defendant driven a B B B BT car at a section of about 1km from the point of the above accident to the point of the point of the accident in the Sungnam-gu D market, Sungnam-gu, Seoul Special Metropolitan City while under the influence of alcohol by 0.125%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement (56 pages of investigation records);

1. The actual survey report and each diagnosis report;

1. Application of Acts and subordinate statutes to notification of the circumstantial statement, investigation report, and control results of drinking driving;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (the Act before it was amended by Act No. 16037, Dec. 24, 2018 and came into force on June 25, 2019) concerning the crime under the relevant provisions 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;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The Criminal Act, the suspension of execution;

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