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(영문) 의정부지방법원 2020.04.01 2019고단4783
특정범죄가중처벌등에관한법률위반(위험운전치상)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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving B car car.

On October 30, 2019, at around 22:56, the Defendant 22:56, 00 alcohol concentration, 0.196% of the blood alcohol level, fluencing, face color is red, and the walking condition is divided into several parts, and even though the walking condition is difficult to drive normally due to drinking, it is difficult for the Defendant to drive the said vehicle due to drinking, the driver was driving the vehicle in front of the Gyeonggi-gun-gun, Gyeonggi-do, the front road of the Gyeonggi-do to the front erobbbbbbb in the front of the said vehicle, without finding any vehicle in front of the Defendant, and shocked the part of the victim D (e.g., the 40-year-old driver) driving with the front part of the said vehicle.

As a result, in a situation where it is difficult to drive the car normally due to the influence of the Defendant's drinking, the victim D and the driver F of the above damaged vehicle (at the age of 52) suffered from the injury such as salt ties, tensions, etc. for about two weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. A report on a traffic accident, a survey report, a site photograph, and a report on the occurrence of a traffic accident;

1. A report on the actual state of the driver;

1. Application of statutes to copies of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of adding up the long-term punishment of the crimes violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment];

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law:

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