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(영문) 제주지방법원 2013.11.22 2013고단1248
특정범죄가중처벌등에관한법률위반(도주차량)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

Punishment of the crime

At around 16:10 on May 8, 2012, the Defendant was under the influence of alcohol by 0.123% of blood alcohol concentration. On the other hand, the Defendant was negligent in neglecting the duty of front-time watch and failing to secure the safety distance while driving at the front of the four-lane road in front of the “Abandoned Vehicle,” a vehicle operating at a Lone Star Co., Ltd., and driving at the front of the Defendant’s vehicle, thereby causing injury to the victim, such as brain, etc. requiring treatment for about six weeks, and, at the same time, did not rescue the victim by failing to rescue the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the occurrence of a traffic accident prepared F;

1. Application of Acts and subordinate statutes to a report on detection of a host driver, photographs of an accident site, investigation report on the actual condition of traffic accidents, and medical certificate;

1. Relevant legal provisions concerning criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of a person who drives a motor vehicle for drinking);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: Recommendations and sentences on the grounds of sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., shall be limited to the scope of sentencing guidelines (traffic crime group, escape after traffic accident, type 1, basic area (person under special guard: the proviso of Article 3 (2) of the Special Education Act);

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