beta
(영문) 대전지방법원 논산지원 2013.04.23 2012고단602

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person who drives a new harbor freight vehicle C.

On October 21, 2012, the Defendant driven the above cargo while under the influence of alcohol of 0.183% on blood alcohol level 0.19:00 on Oct. 21, 2012, and was driving the front road of the village hall located in 200% in front of the upper 1st rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith rith

As a result, the Defendant suffered injury to the victim, such as a chest salt dynasium that requires treatment for about two weeks, and at the same time, the Defendant left the damaged vehicle without immediately stopping the damaged vehicle to take necessary measures, such as providing relief to the victim, even though it is damaged to the extent that the damaged vehicle is equivalent to KRW 480,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a survey report on actual condition, a survey report on actual status, a survey report on actual status, a written diagnosis, and a written estimate;

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, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, of which

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the term of the above two crimes) are concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment;