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(영문) 의정부지방법원 2019.06.12 2019고단1386
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

(a) Paragraph (1) 1 of this Article, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Crimes under Articles 40 and 50 of the Criminal Act (trade between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act, and between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

1. Of concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment according to the sentencing guidelines of the Supreme Court] The reason for sentencing under Article 38(1)2 of the Criminal Act [the scope of recommending punishment according to the sentencing guidelines of the Supreme Court] The weighting area of the escape [the escape (the escape (the escape after death)] after traffic accident * the revision of recommending punishment considering the minimum limit of the applicable sentences under the law : 5 to 6 years [the decision of sentencing] has the history of punishment for the same kind of crime, such as driving without drinking, driving without a license, driving without an accident, measures not taken

Nevertheless, the crime of this case was committed in which the victim who had entered the same intersection by driving the Madiotoba, who had entered the same intersection, died, and absconded while driving the Madiotoba while driving the 0.132% of alcohol concentration with the driver's license with no license for driving the 0.132% of the Madio alcohol concentration.

The bereaved family members of the victim are suffering from the mental shock and have suffered a big pain up to now, and have appeal for a severe punishment against the defendant.

The crime of this case is not very good for the nature of the crime, and it is necessary to strictly punish the defendant with heavy emphasis on the case.

However, the current law does not provide safety equipment, such as safety appearance, when the defendant is recognized to commit the crime.

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