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(영문) 수원지방법원 성남지원 2019.03.28 2019고단68
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. On August 21, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) did not properly examine the Defendant’s driving direction signal and the left and right due to the influence of the above drinking while driving a vehicle in B Spppp district under the influence of alcohol concentration of 0.133% under the influence of alcohol level on August 21, 2018, and driving the vehicle in front of the D PP district located in Gwangju City. As such, the Defendant conflict with the F Sppp-on-hand part of the victim E (the age 29)’s driving right-hand part adjacent to the right-hand part of the vehicle in front of the vehicle in B Spp-type.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as the crypumum dump for about two weeks to the victim.

2. On August 21, 2018, the Defendant: (a) driven a B Sti-type car under the influence of alcohol by 0.133% of alcohol concentration on the road located around H located in G in Gwangju-si to the point of the said accident at approximately 500 meters; (b) around August 21, 2018, the Defendant driven the B Sti-type car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Reports on the actual condition of traffic accidents, reports on the circumstantial statement of a drinking driver, investigation reports (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to a scene of an accident, a vehicle photograph, and a screen fluor video fling;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act; the choice of imprisonment for each sentence, as to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of the punishment plus the long-term punishment of the above two crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment;

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