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(영문) 의정부지방법원 2019.05.15 2019고단1245
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

(b) Summary;

1. Statement by the defendant in court;

1. A protocol of suspect examination of G police officers;

1. The police statement concerning F;

1. G statements;

1. A report on traffic accidents and a report on actual condition;

1. Photographs related to accidents;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 151 (1) and 31 of the Criminal Act and the choice of imprisonment for a crime;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court] The reason for sentencing under Article 62-2 of the Social Service Order Act (the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court): The mitigated area (unlimited to a person who is subject to punishment, June-1) of the mitigated area (a person who is not subject to punishment, and a person who commits a crime) after traffic accidents: The basic area (4-1 year) of the person who conceals or conceals a criminal (a person who conceals or conceals a criminal) (a person who commits a crime): The scope of sentence according to the sentencing guidelines for multiple crimes * the minimum sentence of the person who commits a crime under the law in June-1 and June: One year-1 and six months [decision of sentence]. The defendant has a history of being punished as a drinking driving even before the sentence is rendered.

Nevertheless, while driving a vehicle under the influence of drinking, it caused an accident that causes the victim who is walking the crosswalk, and also runs away as it is, and then caused the same to commit an act that makes him/her go to the investigation agency as if he/she were a driver.

The nature of the crime is not good.

However, the fact that the defendant is recognized as committing the crime and is against the victim, the degree of injury suffered by the victim is not much severe, and the victim and the defendant have not been punished for the defendant, the defendant is subscribed to the motor vehicle comprehensive insurance, and there is a family member to support the defendant.

The motive and motive of the crime, including the above circumstances.

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