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(영문) 청주지방법원 2016.01.19 2014고단539

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of juice jumba in D 125 City, owned by the defendant.

1. On April 26, 2014, the Defendant, without obtaining a bicycle bicycle license for a motor device at around 04:35, driven the above Oral cam while under the influence of 0.159% of alcohol while driving the above Oral cam in the influence of alcohol, and was negligent in driving the front road in front of the Heal cam E at the Heal cambropo-gu E from the shooting distance slope to the opening of the Jal cambro, while neglecting to do so, the Defendant, by negligence, obtained the victim G ( South, 24 years old) with the right hand of the Yato the right hand of the cambato, where the Defendant cam the cambal camb, and failed to take necessary measures, such as aiding the damaged person, even if he/she immediately stops.

2. The Defendant operated the above Oral Ba, which was not covered by mandatory insurance, at the time, place, and place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. A survey report on actual conditions;

1. The driver's license register and the evidence submitted by the defendant to the report on the use of two-wheeled motor vehicles, which is used by the prosecutor as evidence of guilt;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the field and the ozone photography;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Article 148-2 subparag. 2, Article 44(1) (the point of drinking), Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the crime, Article 46(2)2, and the main sentence of Article 8 of the former Guarantee of Compensation for Automobile Damages (amended by Act No. 12987, Jan. 6, 2015)

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (LA) are heavier between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (LA) and the punishment.