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(영문) 전주지방법원 2015.09.22 2015고단1130
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

On June 20, 2015, the Defendant: (a) driven a 3-lane line in front of DNA real estate located in Yansan-gu, Jeonju-si; (b) while under the influence of alcohol of 0.15%, while driving a e-mail vehicle with an occupational alcohol concentration of 0.15%, and driving the e-mail vehicle toward the front port of the front port university, in violation of the speed limit of 50km, proceeded at a speed of 83km per hour at a speed of 83km at the front port of the front port; (c) by negligence, in violation of the speed limit of 50km, while driving the e-mail vehicle at the speed of the front port of the front port of the front port of the front port of the front port of the Republic of Korea; and (d) did not stop the e-mail (19 years old), and caused the victim to suffer injuries, such as an injury, which requires two-day treatment for about 4 weeks; and (d) did not stop the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Reports on traffic accidents and photographs thereof;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Report on internal investigation (related to voluntary driving of suspects and the measurement of drinking, specific-related persons to the harming vehicles, and video recording devices and video recording pages);

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] of the Criminal Act [the proviso of Article 3(2) of the Special Education Act provides that the basic area (eight to one year and six months) (special mitigation) of the first category (the escape after the injury) shall not be punished (the special mitigation person] after traffic accidents.

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