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(영문) 수원지방법원 성남지원 2017.03.16 2017고단25
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2] On March 10, 2008, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of road traffic law in the Gwangju District Court's net support on March 10, 2008, and a summary order of KRW 1,50,000 as a fine in the same court on March 23, 201.

[Criminal facts] The Defendant is a person who is engaged in driving a vehicle B K3.

On September 28, 2016, the Defendant driven the said car with a alcohol content of 0.108% at around 00:20, the Defendant, while driving the said car at around 00:20, and driving the said car at around 0.108% of alcohol level, and not taking necessary measures such as rescue and relief for the victim C (29 years old) waiting at the two-lane in the direction of the U.S. heading the central line in the direction of the Fransh village while moving back the 8-way intersection in front of the members of the branch of the Seoul Fungdong, in the event of Gyeonggi-nam-gu, the Defendant: (a) faced the damaged vehicle to the front part of the said car; (b) at the same time, the Defendant did not immediately destroy the damaged vehicle to the extent that the damaged vehicle and immediately stop the vehicle to the extent that it is necessary.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (limited to such previous convictions);

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment

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