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(영문) 의정부지방법원 2019.03.20 2018고단5309
특정범죄가중처벌등에관한법률위반(도주치상)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

(b) 1. 2rd CCTV image data;

1. Application of Acts and subordinate statutes concerning final location video data;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act related to the crime, 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 concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the taking course and the community service order [the scope of recommended sentences according to the sentencing guidelines of the Supreme Court] The mitigated area of mitigation (a minor injury, a violation of punishment, a aggravation: a driving under the influence of alcohol, a driving under the influence of alcohol, a period of six months or one year) after traffic accidents * The revision of recommended sentences that take into account the minimum applicable sentences under the law: one year of imprisonment [the decision of sentence] has the history of being punished for drunk driving even before the defendant.

Nevertheless, while driving a vehicle under the influence of 0.147% of alcohol concentration in the second blood, the vehicle was driven, resulting in an injury to the driver of the vehicle, and even though the front gate of the Defendant vehicle was considerably damaged, the vehicle escaped away from the site as it is, and even though the front gate of the vehicle was considerably damaged, the additional accident leading to the shock of the vehicle that was parked in the course of escape was caused, and the vehicle was stopped only when the vehicle was in the state of leaving the vehicle.

In light of the background and scale of the accident, the issue is important.

However, the fact that the defendant is recognized as committing the crime and is against the victim, the degree of injury suffered by the victim seems not to be relatively much serious, and the defendant agrees with the victim.

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