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(영문) 인천지방법원 2019.03.13 2018고단8586
특정범죄가중처벌등에관한법률위반(도주치상)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 October 13, 2018, at around 17:23, the Defendant, while driving a motor vehicle with low alcohol level of 0.113% in a four-lane road located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, with a four-lane alcohol alcohol level, and driving a motor vehicle according to one-lane in order to turn to the right from the E-section from the stimulal distance room to the E-section in order to drive a motor vehicle while under the influence of alcohol level of 0.113% on the four-lane road, the Defendant, while not thoroughlying the breath of alcohol while driving the Gwing-gu in a one-lane zone, was driven by the victim F while driving at the front section of the said vehicle with the highest driver's license, received the injury of the victim, and at the same time, did not take necessary measures, such as providing rescue and relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

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 (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) , Articles 148 and 54 (1) of the Road Traffic Act (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and Article 148-2 (2) 2 of the Road Traffic Act (the point of

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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 offense of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, for the reason of sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Probation Act.

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