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(영문) 인천지방법원 2014.05.07 2013고단7874
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 2, 2013, at around 16:55, the Defendant driven a cknife vehicle with a blood alcohol content of 0.161% with a alcohol content of 0.161%, and led the victim D (the 65 years old) to the front wheels of the driving vehicle in front of the 1285-10, Nam-gu, Incheon Metropolitan City, to the speed of about 20 km at the speed of the sand market at the speed of 20 km from the south-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and the vehicle operator is installed a crosswalk at the same time. As such, the driver of the vehicle is obliged to reduce the speed and to safely drive the crosswalk, while neglecting the duty of care to ensure safe operation, and caused the victim to go beyond the above 2-day-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report and investigation report (investigation into the drinking part of a suspect) on a drinking driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and choice of imprisonment for each sentence of imprisonment;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The lower limit of applicable sentences by law: Six months of imprisonment;

2. The sentencing criteria shall be recommended, sentenced, scope of transport, and the special mitigation area of types of escape after causing bodily injury to the escape after traffic accidents: Imprisonment with prison labor for not less than three months from October.

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