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(영문) 서울북부지방법원 2016.10.20 2016고단3205
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The defendant is a person engaged in the operation of Cbents' automobiles.

On April 19, 2016, the Defendant driven the said vehicle under the influence of alcohol of 0.213% with a blood alcohol concentration of 0.10%, and avoided the intersection from the river basin to the mine shooting distance, while driving the said vehicle at the vicinity of the river basin, the Defendant: (a) took the front side of the left side of the G-si driven by the victim F, who was under the influence of alcohol at the point where the intersection was obstructed by the occupational negligence of driving the median line at the point where the intersection was past, and stopped on the opposite lane; (b) took the front side of the right side of the said vehicle; (c) at the same time, the Defendant sustained injury to the victim, such as light salt, etc. requiring treatment for about two weeks; and (d) at the same time, the said taxi was destroyed by the repair cost of 826,868 won, such as the exchange of floners, and did not immediately stop it and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Statement on the occurrence of traffic accident;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, 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, the choice of imprisonment with prison labor, each of them;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) under Article 62(1) of the Act on the Suspension of Execution: The instant crime did not take measures such as driving under the influence of alcohol to inflict injury on the victim and aiding and abetting the victim.

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