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(영문) 부산지방법원 2018.11.22 2018고단2777
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 person engaging in driving a car “bents” in C.

On April 27, 2018, the Defendant driven the said car under the influence of alcohol level of 0.157% among the blood transfusion around 18:23, and led the Defendant to drive the said car in the direction of “E” in front of “E” located in Busan Jung-gu as remuneration.

In such a case, a person engaged in driving service, even though he/she had a duty of care to accurately operate the steering wheel and steering gear, and neglected to drive the said vehicle at a rapid speed while under the influence of alcohol while neglecting his/her duty of care, and went back at the right later, he/she saw the part of the victim's G "Poter" of the "F (62 years old), which was proceeding at the right later. The part of the victim's G "Poter" in front of the "Poter" was called the back part of the above Pouses car, suffered an injury, such as divers for two weeks of the above Pouse vehicle, and immediately escaped without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the submission of a victim's diagnosis report);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the crime;

1. Imprisonment with prison labor for choice of punishment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of the recommended punishment] In the case where a minor injury occurred in the mitigation area (six months to one year) (the person with special mitigation) (the person with special mitigation) [the person with special mitigation]] [the decision of sentence] the driving of drinking again despite the influence of drinking, and the accident occurs after the traffic accident.

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