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(영문) 대구지방법원 상주지원 2015.07.21 2015고단263
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2015, the Defendant is a person engaging in driving CK5 vehicle. Around 20:30% of blood alcohol level, the Defendant driven the said vehicle under the influence of alcohol level of 0.190% on June 7, 2015, and was driving the said vehicle at approximately 100 meters away from the Yancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-gun, which was in the Yancheon-gun, to the ebbb by negligence in the course of business and negligent in performing the duty of f6 years old and left by the Defendant, while driving the said vehicle at the right part of the Defendant’s driving, and caused the death of the victim due to the heart suspension due to the second 5-meter of the said vehicle, and in spite of the fact that the above eb.g., e., e., the e., the e., the e., the e., the e., the e., the e., the k.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. Investigation report (official application of the Ba mark);

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of a limited sentence for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and selection of imprisonment for the crime of violation of the Road Traffic Act;

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;

1. Sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.

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