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(영문) 춘천지방법원 원주지원 2013.04.30 2013고단84
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 9, 2013, at around 17:55, the Defendant driven a car with blood alcohol content of about 0.185% under the influence of alcohol in the section of about 5km from the roads near the subway construction site in the Yandong-Eup, Gwangju-si, to the front roads in the business bank located in the Gyeonggi-si, Gwangju-si.

2. On January 9, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dokju) (hereinafter referred to as the “Act on the Aggravated Punishment, etc.”) (hereinafter referred to as the “Act on the Aggravated Punishment, etc.”) (hereinafter referred to as the “Act on the Aggravated Punishment, etc.”) was driving the front road of a corporate bank located in the Dokdong-gu Seoul Metropolitan City, Gwangju, in the direction of the office of the Eup/Myeon in the direction of the first place, while driving the Btec in the direction of the office of the Si/Eup/Myeon in the direction of the new Ambassador distance, while driving the motor vehicle while driving the motor vehicle in the front of the said motor vehicle, and received the rear portion of the D XE motor vehicle driven that

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained bodily injury, such as light fluoral salt, which requires treatment for about two weeks, but immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on detection of drivers and medical certificates;

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Article 62 (1) of the Criminal Act (Taking into account reflection, agreement, etc.);

1. Probation under Article 62-2 of the Criminal Act;

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