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(영문) 창원지방법원 2015.01.09 2014고단2367
특정범죄가중처벌등에관한법률위반(도주차량)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

Punishment of the crime

The Defendant is a person who is engaged in driving of a wing vehicle C.

On August 2, 2014, at around 15:05, the Defendant driven the above vehicle in the state of alcohol content 0.108 percent of blood alcohol content 0.108 percent, and went back to the front of the steel-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-s

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law No. 1 to 13, 15, 16, 20, and 21 to the evidence list submitted by the prosecutor

1. The point of a relevant legal aid and escape vehicle for the crime (Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act), the point of not taking measures after an accident (Articles 148 and 54 (1) of the Road Traffic Act), the point of a drunk driving (Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act);

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

1. Selection of the punishment for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act, and selection of imprisonment for each crime;

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 Act of the community service order has a record of being punished for suspended sentence of imprisonment for the same kind of crime around 2001 (the sentencing criteria of the Determination Committee). The basic area of recommendation [the sentencing criteria of the Determination Committee] is the scope of recommendation punishment.

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