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(영문) 수원지방법원 성남지원 2015.03.26 2015고단121
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2014, the Defendant driven the above vehicle while under the influence of 0.112% of blood alcohol level 01:00, and changed the two lanes into one lane in the middle of the four-lane road located in the front intersection of the Seoul metropolitan cycle intersection in the lowernam-si, Gyeongnam-si, the Defendant: (a) neglected to drive the vehicle while driving the vehicle while under the influence of 0.12% of alcohol level; (b) neglected to take an occupational duty of care to prevent the occurrence of the accident; (c) neglected to drive the vehicle while driving the vehicle while driving the vehicle at the front of the Defendant’s vehicle; (d) failed to take necessary measures for the treatment of the damaged vehicle, such as the injured vehicle, the injured vehicle, and the injured part of the damaged vehicle, the injured part of the damaged vehicle, the injured part of the damaged vehicle, the injured part of the damaged vehicle, the injured part of the damaged vehicle, the injured part of the damaged vehicle, the injured part of the damaged vehicle, and the injured part of the damaged vehicle, etc.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning B;

3. Notification of a survey report on actual condition and the control of drinking driving;

4. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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;

2. Articles 40 and 50 of the Criminal Act, and Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be punished by imprisonment, and choice of imprisonment with prison labor for a violation of the Road Traffic Act.

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

4. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act.

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