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(영문) 대전지방법원 2017.12.19 2017고단4128

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for six months.

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 has been engaged in driving of a wing cargo vehicle B.

On September 5, 2008, the Defendant, while driving the above cargo while under the influence of alcohol of 0.129% in blood, driven by the victim C (38 years old) (the Defendant) who was under the influence of alcohol at a speed of about 40 to 50km from the right edge to the right edge of thewest at a speed of about 40 to 50km from the right edge of the Seocho-gu, Daejeon, while neglecting the duty of the front direction at the speed of about 0 to 30km from the right edge of the Defendant trucking by negligence while driving the above cargo at a speed of 0.129% in alcohol level.

D The lower part of the part of the observer-si was charged with the Defendant’s cargo vehicle in front of the Defendant’s cargo vehicle, and the victim was injured by brain-fighting, etc. requiring treatment for about three weeks, and the victim escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A medical certificate;

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

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing 0 unfavorable to Article 62-2 of the Criminal Act: A comprehensive consideration of the following circumstances: (a) the liability for the crime committed after having caused an accident due to drinking driving is not easy due to the escape; (b) the nine-year period after the accident in this case occurred; (c) the vehicle involved in the accident is a non-insurance vehicle; (d) the vehicle involved in the accident is recognized and divided at the latest: (e) the victim and the victim have agreed to pay a fine on one occasion due to drinking; and (e) there are no other penalty records except for the punishment of a fine for the previous year due to driving of drinking; and (e) other various sentencing conditions indicated in the records, such as the defendant’s age, occupation, family relationship, sex behavior, environment, and conditions before and after the crime.