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(영문) 대전지방법원 논산지원 2013.04.26 2012고단489

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B vehicle.

At around 14:20 on September 4, 2012, the Defendant driven the above vehicle under the influence of alcohol of 0.150% with a blood alcohol concentration of 0.15%, and proceeded with the road in front of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

As a result, the Defendant immediately stopped the victim, and escaped without taking necessary measures, such as providing relief to the victim, even though he/she suffered injuries to cerebral salins, etc., which require a detailed treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the survey report on actual condition, report on detection of a master driver, circumstantial statement of a master driver, and medical certificate;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: one year to 31 years of imprisonment (the choice of imprisonment and the aggravation of concurrent crimes);

2. The basic area of sentencing guidelines [determination of types of punishment], the traffic crime group, the first type (the range of recommending punishment after injury): Imprisonment with prison labor for not less than eight months from one year to six months: Insignificant injury/special aggravation factors: