(영문) 대전지방법원 2018.06.14 2018고단943

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(영문) 대전지방법원 2018.06.14 2018고단943

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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

On February 2, 2018, while under the influence of alcohol level of 0.144% from blood alcohol level, the Defendant driven an occupational observer car at around 23:5 on February 2, 2018, and proceeded to the left at the four-distance left from the new coal mine area in accordance with one lane between the two-lane intersection of the 55-day East-gu, Daejeon, Seo-gu, Daejeon, the Defendant did not see the right and the right and the right and the right and the right and the right and the victim D (n, 29 years old) driving in the same direction as the Defendant on the two-lane of the above Do 2-lane, and did not take measures such as injury to the victim during the two-lane-lane of the observer-gu, Daejeon, to exchange the victim with the right part of the observer-gu, Daejeon-gu, Daejeon, and did not take measures such as injury to the victim during the two-lane-lane 3rd of the observer-gu, and did not take measures such as injury to the 3rd.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Application of the police statement protocol, written diagnosis, written estimate, and statutes to D;

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, Article 54(1) of the Road Traffic Act, Article 148, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act concerning the crime;

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

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

1. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions shown in the instant trial process, such as Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, the sentence is ordered as ordered.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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