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(영문) 수원지방법원 성남지원 2019.11.21 2019고단1980
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

At around 20:50 on April 17, 2019, the Defendant was under the influence of alcohol content 0.076% in blood, and was under the influence of alcohol level 0.076% in Gyeonggi City, the Defendant was under the influence of driving a Dsan Pu Pa Pac car on the roads front of the C convenience store located in Gwangju City.

In such a case, a driver of a motor vehicle has a duty of care to view the rear side well and safely, but has neglected to do so, and had the victim E temporarily stopped behind the motor vehicle due to negligence, and had the victim E drive the motor vehicle, the part of the left side of the motor vehicle of the motor vehicle : (a) the victim E was a back criminal part of the motor vehicle operated by the defendant; and (b) the victim suffered an injury, such as chills, tensions, etc. in need of approximately two weeks of medical treatment, but failed to immediately stop the motor vehicle and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to traffic accident reports, report on the situation of a driver with a driving license, report on investigation (report on the circumstances of a driver with a driving license), notification on the results of the crackdown on drinking driving, MaMa2

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and the choice of imprisonment for each sentence

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The range of recommending punishment according to the sentencing guidelines [the range of recommending punishment] shall be the range of traffic crimes: the escape [the range of recommending punishment and recommending punishment] after bodily injury] and escape [the range of recommending punishment] mitigated area, six months to one year after traffic accidents;

2. The person is driving under the influence of making a decision on the sentence of sentence.

It is necessary to shock other vehicles and take relief measures.

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