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(영문) 대전지방법원 논산지원 2014.07.15 2014고단136
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On April 6, 2014, the Defendant: (a) while under the influence of alcohol of at least 0.05% of blood alcohol level, the Defendant driven a C Cost Star vehicle, and runs the front road of E in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in C in the direction, without accurately operating the steering steering system, etc. of the vehicle without accurately operating the steering system, etc. on the right side of E in the direction of the course, the Defendant driven the victim F (ma, 69 years old) who walked on the road along the right side of the vehicle in E in C in E in the direction of E in C in the direction of E in C in C in C in C in C in C in C in C in the direction of C in the direction of C in the direction of

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to G and H;

1. The application of each of the Acts and subordinate statutes to traffic accident reports, on-site photographs, etc., explanation of the skin vehicle (C), photograph description, death diagnosis statement, each CCTV image description, report on detection of the prime driver, each investigation report (investigative Records, No. 133, No. 137), re-specific of blood alcohol concentration, entries in a response to an appraisal request, or the application of each of such Acts and subordinate statutes;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the relevant criminal facts and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of running a sound driving and the choice of imprisonment) of the Criminal Act;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Sentencing criteria [Determination of types of punishment] Transport crime group, Type 3 (Death, etc. after Escape) (Scope of Recommendation): Imprisonment with prison labor for a period of 4 years to 6 years: Driving under the influence of alcohol.

3. Determination of sentence: Four-year imprisonment and a total of three times; and

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