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(영문) 의정부지방법원 고양지원 2018.02.08 2017고단3838

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-learning automobiles.

On November 29, 2017, the Defendant driven the above vehicle with a alcohol level of 0.177% at around 06:15, while driving the above vehicle at a speed of 0.17% during blood alcohol level, and driving the vehicle at a speed of about 70km in the speed of 50km from the Sinjuriririririririririririririririririririririririririririririririririririririririririririririririririririririririririri, which was under the same direction, due to occupational negligence that was unable to accurately operate the steering direction and brake system under the influence of alcohol, and caused the above victim to suffer injuries in need of treatment for about two weeks, and did not take necessary measures such as freezing and repairing the said vehicle, and did not take necessary measures such as repairing and repairing the said vehicle, and making the 2nd 15th juririririri ririririririririri.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Written estimate for automobile inspection and maintenance;

1. Application of Acts and subordinate statutes to a traffic accident report, a response to a request for appraisal, and a report on the detection of a primary driver;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, and Articles 148-2 and 44(1) (a) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing in Article 62-2 of the Criminal Act: The defendant's way and process of escape (the victim gets off and down his face with warning).