특정범죄가중처벌등에관한법률위반(도주차량) 등
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 28, 2003, the Defendant was under the influence of alcohol of 0.084% in blood alcohol content, and the Defendant was driving a shower car at C, which is a 0.084% alcohol content, and proceeded at about 20 kilometers in speed from the surface of the sea theater to the surface of the middle rogate, along with the two-lanes in front and the two-lanes in front of the sea theater, at the speed of 20 kilometers, and was negligent in performing the duty to turn to the left at the front side of the Defendant, while neglecting the duty to turn to the left at the front side of the Defendant, the Defendant did not immediately stop the back part of the victim D (the age of 42) Eel D (the age of the Defendant 42), which was waiting to move to the front part of the Defendant vehicle and caused the injury of the victim, such as light salt in need of treatment for about two weeks. At the same time, the Defendant did not immediately stop the damaged vehicle, such as the replacement of the back crime, and did not stop the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to a host driver, written diagnosis, and written estimate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 106 and 50 (1) of the former Road Traffic Act (amended by Act No. 6789), and Articles 107-2 subparagraph 1 and 41 (1) of the former Road Traffic Act (amended by Act No. 6789) concerning the crime
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and Violation of the Road Traffic Act committed as non-measures after the accident);
1. Selection of imprisonment with prison labor chosen;
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 ( normal consideration such as the agreement with the victim);