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(영문) 서울북부지방법원 2013.03.28 2013고단172
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Around 00:40 on December 18, 2012, while under the influence of alcohol of 0.0.082% of blood alcohol content, the Defendant driven the BM7 car and proceeded with the Gongung Military Prosecutors' Office located in Seoul Special Metropolitan City, Nowon-gu, into the Taeung Military Academy's seat, the Defendant failed to perform the duty of care to confirm the safety of the path by checking the right and the right and the right and the right and the right of the vehicle, and failed to perform the duty of care to ensure that the victim C (21 years old) (the victim) who stops in the front line of the said vehicle due to the e (2 years old), who was a passenger of the said vehicle with the above 2-day alcohol content, and at the same time, failed to stop the above e (2 years old) without any damage to the repair cost, 15,79, and 476 won, thereby making the victims escape immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written report from an employee of an employer;

1. Each report on investigation;

1. Each photograph;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1) (a) and 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and between the crimes of violation of the Road Traffic Act due to the failure to take measures

1. Selection of 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. An order to attend a lecture is a first offender under Article 62-2 of the Criminal Act, and a mistake is pened in depth, and the vehicle involved is covered by a comprehensive insurance; and

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