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The punishment of defendants shall be one year.
The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 17, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a BK5-car on July 17, 2019, and driven the front road of D in Kujin-gu Seoul Special Metropolitan City at a speed of about 20 km from the front side of E Apartment-gu to the long distance distance.
At all times, the signal was installed along the intersection, and at night, and the Defendant was under the influence of alcohol, and the Defendant was driven by G X-ray car, which was driven by F.F. (59 years old) waiting in the front direction as soon as possible in the direction of the operation because he did not properly operate the brake system without properly operating it, while it was difficult for the Defendant to drive in a normal manner.
F due to its shock, the state of “satise, tension, etc.,” which requires treatment for about two weeks, suffered from the upper part of “catum satum, tension, etc.”
The Defendant driven a motor vehicle in a situation where normal driving is difficult due to this influence of drinking, thereby causing injury to the victim F.
2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a K5 vehicle while under the influence of alcohol at approximately 0.230% of blood alcohol concentration in the section of about 300 meters from the front of the He Apartment-gu H apartment at the time of the same temporary border to D located in the same Gu C.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. The actual condition survey report;
1. Notification of the control of drinking driving;
1. Statement on the circumstances of the driver, and report on whether he/she is a dangerous driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. An order to attend a lecture recognizes errors in sentencing punishment under Article 62-2 of the Criminal Act;
A fine shall have one-time power.
The victim does not want the punishment.
In consideration of alcohol concentration and danger and injury.