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(영문) 의정부지방법원 고양지원 2015.05.01 2015고합30

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. Application of the Acts and subordinate statutes of a traffic accident inspection report, traffic accident occurrence report, photographs, notification of the results of the drinking driving control, circumstantial statements of a drinking driver, each medical certificate, and written estimate;

1. The point of escape after occupational injury or injury in relation to the crime in each applicable legal provision: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 268 of the Road Traffic Act: The point of drunk driving under Articles 148 and 54 (1) of the Road Traffic Act: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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 (or a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes).

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

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

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

1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Sentencing criteria for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [Determination of Penalty] traffic crimes, escape after traffic accidents, Type 1 (Desertion after Injury): Where minor injury has occurred (one and Category 2): where minor injury has occurred (including serious effort to recover damage): Where illegality has been serious in the proviso to Article 3 (2) of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes [the area of recommendation and the scope of recommendations] mitigated area; six months to October;

2. Determination of sentence: Imprisonment with prison labor for not less than ten months and two years of a stay of execution;