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(영문) 의정부지방법원 고양지원 2018.12.06 2018고단2512
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

The defendant is a person who is engaged in driving of a CAD car.

On August 18, 2018, the Defendant was under the influence of alcohol 02:10% during alcohol while driving the said vehicle at around 02:10%, and was negligent in the Defendant’s negligence in his/her duties, in which he/she neglected his/her duty of care in the front of the Defendant, while driving the said vehicle at the speed of 0.121%, and driving the front road D at the high-sea level along the front side of the Seo-gu Public Health Center with the front side of the city of low-speed with the front side of the city of low-speed.

E Driving received the back portion of the FF FF 1 ton of the cargo vehicle from the front portion of the said AF car, and had the said cargo vehicle go beyond the victim G(54) where the said vehicle was pushed ahead of the cargo vehicle due to its impact, and the said victim suffered injury, such as salt, tension, etc. of the necessary drilling for about three weeks of medical treatment, and even if it stops and runs away without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The actual investigation report on traffic accidents;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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 to mitigate small amount;

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

1. The Defendant had already been punished twice by a fine due to drinking driving prior to the instant crime, but again committed the same kind of crime without being aware of it, despite the fact that the Defendant had already been punished twice due to drinking driving prior to the instant crime.

It is necessary to punish defendants who repeat the same mistake more strictly.

The defendant.

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