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(영문) 수원지방법원 평택지원 2017.05.31 2017고단347
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of a vehicle with soflurd C.

On January 28, 2017, while under the influence of alcohol 0.188 percent in blood, the Defendant driven the said A-to-low-water vehicle with the upper alcohol level of 0.18 percent, and driven the first two-lane road in front of Pyeongtaek-si D in front of Pyeongtaek-si into the front-dong bank in front of it, the Defendant escaped without immediately stopping the said vehicle and without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act

1. Selection of each sentence of imprisonment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommendation] The reason for sentencing under Article 62-2 of the same Act and Article 59 of the same Act [the scope of punishment] where a minor injury occurs in the mitigation area (6-1 year to 1 year) [the person subject to special mitigation], the case of non-criminal punishment or driving under the influence of alcohol [the decision of sentence] disadvantageously: The fact that there was a history of being punished by a fine for driving under the influence of alcohol, the value of this case drinking is relatively high, and the state

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