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(영문) 서울북부지방법원 2018.04.26 2018고단140
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 motor vehicle with C investment vehicle.

On December 28, 2017, the Defendant driven the said car at a 0.174% alcohol concentration of 0.174% from blood transfusion around 06:0, the Defendant neglected his duty of care at the front of the said car on the ground of the set-off side of the cultural high distance of 49 in Dobong-gu Seoul, Dobong-gu, Seoul, to the airball road. On the part of his occupational negligence, the Defendant neglected to perform his duty of care at the front of the said car, thereby neglecting his duty of care at the front of the said car, and caused the victim F of the said car on the front of the said car to take up the back of the instant car, with the back of the D Driving E, which is parked with the signal going to the front of the said car, and caused the victims of the said car to take approximately 3 weeks back the 20 weeks back at the same time without causing any damage to the said car and any damage to the said 200-day-day-day-day-day-day-day-day-wide-wide-wide-wide-wide-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of D and F;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

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

1. A paper of measurement of drinking alcohol;

1. Report of investigation (the above rare application);

1. Each written diagnosis;

1. Application of the written estimate statutes;

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; Articles 148 and 54(1) of the Road Traffic Act; Articles 148-2 subparag. 2 and 44(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 each sentence of imprisonment;

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. A variety of incidents occur due to the violation of the duty of an order to attend a lecture or an order to provide community service under Article 62-2 of the Criminal Act, with the reason for sentencing.

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