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(영문) 의정부지방법원 고양지원 2014.01.24 2013고단2210
특정범죄가중처벌등에관한법률위반(도주차량)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

The defendant is a driver of EXE car.

On October 6, 2013, while under the influence of alcohol by 0.112%, the Defendant driven the said car, while driving the said car at a speed of about 70 knife at a speed of about 70 knife at a speed of speed from Seoul to the speed of gate 3:0 per hour, and neglected the duty of e-line driving of the victim D (33 years old) who was waiting in the signal at the time of the signal at the sea-line crossing, led the Defendant to the back friffer of the said car, leading the Defendant to the lower ender of the signal at the time of the signal at the time-line crossing, resulting in the cliff, etc. requiring approximately 2 weeks medical treatment, and, at the same time, failed to immediately stop the damaged vehicle and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A traffic accident actual condition survey report, and photograph of an accident vehicle;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

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) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor for the choice of punishment (the fact that the nature of the crime is not somewhat weak, such as the escape from a motor vehicle accident while driving a motor vehicle by a defendant under influence of alcohol, and the non-agreement, etc.);

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

1. The crime committed by the Defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is one of the following factors: (a) the recognition of the crime by the Defendant; (b) the degree of injury of the victim; (c) the degree of injury of the victim; and (d) the insurance coverage; and

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