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(영문) 의정부지방법원 고양지원 2013.07.17 2013고단501

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 driver of a low-priced vehicle B.

The Defendant, while under the influence of alcohol around 03:00 on January 7, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.103%, and proceeds in the direction of Cheongdoging the alleyway within the boundary of the Hanju-Eup, Pakistan-gu, Gyeonggi-do.

On the other hand, the victim C (the 28-year-old driver's license)'s driver's license of the victim C (the 28-year-old driver's license)'s license, had the victim E (the 28-year-old driver's license), who had the victim's driver's license, injured the victim E (the 28-year-old driver's license), caused the victim's injury to both sides, such as catitis, which requires the victim's license treatment for about two weeks, and, at the same time, had the victim E (the 28-year-old driver's license), destroyed the above cat driver's license and stopped immediately, without taking measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. E statements;

1. Reports on the occurrence of traffic accidents;

1. A circumstantial report on, and a report on detection of, a host driver;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

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

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;