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(영문) 서울서부지방법원 2013.10.24 2013고단836

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for six months;

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

3...

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

At around 02:50 on February 17, 2013, the Defendant driven the said car with a blood alcohol level of 0.106% (Yyoung land) and, at the same time, 2, Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government proceeds along one lane between the three-lanes in the direction of the mountain basin in the direction of the mountain basin in the mountain basin. On the other hand, by negligence, the Defendant proceeded in violation of the alcohol and the signal under the influence of alcohol, and by negligence, the victim D (19 years old) driving, which is proceeding toward the right side in the left side of the steering direction of the said car. At the same time, the Defendant did not immediately destroy the repair expense, 10,191, 300 and did not immediately stop the said car to ensure that the victim would suffer about six-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, and part of witness G’s legal statement;

1. A traffic accident actual condition survey report and a report on detection of a driver;

1. Written statement, and police statement related to F;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, the choice of imprisonment for a crime;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the reflective points, agreed points, and absence of any particular criminal record);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The dismissal of prosecution under Article 62-2 of the Criminal Act; and