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(영문) 의정부지방법원 2019.06.05 2019고단1330
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

(i) the closures of each black stay images;

1. Making a report on the control of drinking driving;

1. A scene of an accident and photograph of an accident vehicle;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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. 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 basic area of the first type (i.e., escape after injury) of the traffic crime group after traffic accident, (ii) the revision of recommended sentences taking into account the minimum applicable sentences under the law: one year to one year (decision of sentence) and six months (decision of sentence] before and after the driving of the traffic crime group.

Nevertheless, while driving a vehicle under the influence of 0.121% of alcohol concentration in the second blood, the instant crime committed the instant crime, which was committed without taking any measures, led to a large amount of accidents that considerably shocked and destroyed the back part of the damaged vehicle.

The Defendant, while driving a vehicle with the intention to escape and moving to a level of 100 meters, was placed in a situation where it is difficult to move any more than the body damaged on the lower part of the vehicle, and getting off from the vehicle and 200 meters away from the vehicle, and was put to a witness.

Due to the instant accident, the victim suffered relatively serious injury.

The nature of the crime is not good and the possibility of criticism against the defendant is high.

However, it is against the fact that the defendant is recognized to commit a crime, and the victim.

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