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(영문) 서울동부지방법원 2014.01.27 2013고단3261

특정범죄가중처벌등에관한법률위반(도주차량)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 of the final judgment.

Reasons

Punishment of the crime

On October 23, 2013, the Defendant, as a person engaged in driving BH car, driven the said car under the influence of alcohol concentration of 0.158% on a blood alcohol level on October 23, 2013, while driving the said car at the speed of 0.158%, and driving the second line of 488-6 ahead of the Guri-si, Siri-si, Siri-si, with the first line at the distance of inspection distance, did not find the victim C (7 years old) (7 years old) who was driven on two lanes due to the negligence of driving the front side and the left side and the left side of the said car, and shick the part of the victim’s bridge with the front part of the vehicle.

Although the Defendant got around eight weeks of medical treatment due to occupational negligence as above, the Defendant stopped immediately and escaped without taking necessary measures, such as providing relief to the victim, even though he/she suffered from the right-hand bridge complex, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the first crime committed by the defendant and the points agreed with the victim shall be considered);

1. Social service order under Article 62-2 of the Criminal Act;