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(영문) 의정부지방법원 2018.06.27 2018고단1819
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

(b) Article 148, Article 54(1) of the Road Traffic Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( also the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the crimes of violation of Road Traffic Act (after-accident);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment [the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of Road Traffic Act (after-accident of accident] are in an ordinary concurrent relationship, so the crimes are excluded from the application of the sentencing criteria]

In the ordinary traffic accident group, the basic area of the first class (the injury caused by a traffic accident): (a) basic area (the punishment is not to be mitigated: the driving of alcohol, the driving of four months to one year) * Criteria for the management of multiple crimes: at least in accordance with the minimum applicable sentences in six months: (b) in accordance with the law of six months: (c) the Defendant driven under the influence of 0.131% of alcohol content during blood, and caused the first accident to inflict an injury on the driver of the other vehicle and his/her passengers; (c) immediately escaped after the first accident; and (d) in that time, the Defendant stopped only after the second accident that causes the second accident that causes the driver's injury.

Although the degree of injury suffered by the victims is not severe, the case is not good in light of the circumstances of the accident, and the case is light.

shall not be deemed to exist.

In particular, the Defendant committed each of the crimes in this case during the suspension period after being sentenced to a suspended sentence due to the obstruction of duties and interference with the performance of official duties committed under the influence of alcohol.

However, the defendant did not have the same criminal record as that of the crime of this case until he committed the crime of interference with the above business.

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