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(영문) 수원지방법원 2014.06.19 2014고단1200

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 person who is engaged in driving a small-scale car B.

On February 15, 2014, the Defendant was under the influence of alcohol of 0.108% with blood alcohol concentration at 04:50%. On February 15, 2014, when driving the said small-sized car that did not mandatory insurance, and driving the said small-sized car, which is located in the administrative Ri of the local Eup in the ero-ero-Eup in the ero-ero-erobb, one lane, one of the four-lanes of the victim C (Nam, 68 years old) driving, following the victim C (the victim and the victim are under the influence of alcohol to wait for signal due to occupational negligence that failed to observe the safety distance, and at the same time, the Defendant left the back part of the said green-learning car, which stops in order to wait for the victim with approximately two weeks of the above small-sized car, and did not take measures such as destroying the damaged vehicle and damaging the victim at the scene, and did not escape from the scene.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. A traffic accident report;

1. A report on the state of the operation of a motor vehicle;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to a medical certificate or a certificate of takeover;

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), 151, 148-2 (2) 2 and 44 (1) of the Road Traffic Act; Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

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

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;

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

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on the part of the defendant for the reason of sentencing under Article 62-2(1) is against his mistake, there is no record of punishment heavier than a suspended sentence, and the recommended type of escape [the escape after the traffic accident is caused] after the injury.