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(영문) 수원지방법원 안양지원 2014.04.25 2014고단313
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for not more than ten 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 December 24, 2013, while under the influence of alcohol content 04:15%, the Defendant driven a leoptoto or cargo vehicle B while driving at a 0.087% alcohol level, and driving a two-lane road in front of the Lata City in the Sinpo-si in the Sinpo-si of Sinpo-si at about 50 KK in the Sinpo-si, from the epo-si basin to the Sinpo-si basin, and changed the course into three-lanes, the Defendant, while under the influence of alcohol, by negligence, failed to properly examine the three-lane running situation of the said three-lane, caused the victim to suffer injury, such as salt and tension, etc. of the epo-car driving seat of the victim C (the age of 51) that was driven along the right side of the Defendant, and at the same time, did not immediately rescue the victim, and did not immediately stop it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. A traffic accident report;

1. A report on detection of a host driver;

1. A medical certificate;

1. Application of the statutes governing vehicle estimates;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime (the point of a sound driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for choice of punishment;

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. The punishment of a defendant for the reason of sentencing under Article 62-2 of the Criminal Act of probation and community service order shall be determined as the same as the order, in consideration of the fact that although the punishment of a defendant is not less than the degree of damage, the degree of damage is not much severe, the purchase of a comprehensive insurance, and the absence of any record of punishment

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