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(영문) 서울동부지방법원 2018.11.14 2018고단3089

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be sentenced to one year of imprisonment, and the execution shall be suspended for a period of two years from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The Defendant is a person who drives a passenger car in DN E Q900.

On July 2, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.106% during blood transfusions, and neglected to take measures to prevent the victim from driving the vehicle under the influence of alcohol of 25% in front of the Songpa-gu Seoul Olympic Games (locked-dong), such as a shooting distance intersection in front of the stadium-gu Seoul Olympic Winter Games, and as in the Olympic Games, at the speed of about 20 km at the speed of about four lanes, the vehicle was parked at night at the speed of about 20 km, and the vehicle was installed with the signal of the vehicle. In such cases, the person engaged in driving the vehicle is an intersection where the vehicle was installed, and at the same time, the victim was negligent in taking measures to prevent the victim from driving the vehicle under the influence of alcohol while driving the vehicle at the same time, such as driving the vehicle at the speed of 8-day, and taking measures to prevent the victim from driving the vehicle under the influence of alcohol, such as driving on the front and rear part of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning a survey report on actual condition, a report on measurement of drinking, each medical certificate, and a non-motor vehicle inspection specifications;

1. Penalty provisions: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148-2 (2) 2, 44 (1), 148, and 54 (1) of the Road Traffic Act;

1. Commercial concurrence: Article 40 or 50 of the Criminal Act;

1. Selection of punishment: Imprisonment with prison labor;

1. Aggravation of concurrent crimes: Articles 37 and 38 of the Criminal Act;

1. Suspension of execution: Criminal Act;