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(영문) 창원지방법원 통영지원 2015.09.24 2015고단612

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant is a person who is engaged in the driving of freight Class C.

On January 24, 2015, the Defendant driven the above cargo while under the influence of 0.170% of alcohol concentration at 0.22:23, and driven the above cargo in front of the road D at 0.170% of the blood alcohol concentration, and driven the road under the influence of alcohol at the 0.170% from the 0th of Samsung Printing printing office, and neglected the duty of her own traffic, and due to negligence, the Defendant was negligent in neglecting the duty of her own traffic while driving the road under the influence of alcohol at the 0.170% away from the 0th of Samsung Printing printing office, and caused the victim to the left-hand part of the victim F (the age of 26) who was walking on the right-hand side of the said cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement;

1. Reports on the occurrence of a traffic accident, photographs related to the traffic accident, reports on the detection of a host driver, and application of the relevant Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (the lowest sentence shall be aggravated within the scope of the sum of the long-term punishments stipulated in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy penalty and the punishment by imprisonment or imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type I (1-6) (1-1) (1-1) where minor injuries have occurred (including 1-1). Where minor injuries have occurred (including efforts to recover damage) / Where illegality has occurred in the proviso of Article 3(2) of the Special School Act (2) of the Special School Act (the decision of sentence) and the following circumstances, and the defendant’s age, character and conduct, environment, and environment.