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(영문) 울산지방법원 2014.08.14 2014고단813

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cren car.

On March 18, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.161% of alcohol concentration at 0.50%, and driven the above vehicle in front of the road of 105 Dong-gu, Ulsan-gu, Ulsan-gu, U.S. 105 Dong-gu, U.S., in the direction of the Defendant’s proceeding due to occupational negligence, and did not discover the victim D (36 years of age) who walked along the road under the direction of the Defendant’s proceeding while driving the vehicle from the view of sprinking the spactbow and the side spons in the right side of the Defendant’s vehicle, thereby resulting in the victim’s injury, such as spuld salt, tension, etc. for about two weeks in need of treatment.

In this case, the defendant immediately stopped the victim and does not take any measures such as aiding the victim, but runs away as it is.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. A traffic accident report, a survey report on actual condition, a report on detection of a drinking driver, and on-site photographs;

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 related to the crime, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the aggregate of the long-term punishments of the above two crimes]

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

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

1. Where minor injuries have occurred (special mitigation factors) in the mitigated area (6 to 10 months) (special mitigation factors) (special mitigation factors) after traffic accidents, the sentencing criteria for the reasons for sentencing under Article 62-2(1) of the Criminal Act for the order to provide community service and attend lectures (the scope of recommending punishment).