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(영문) 대전지방법원 2016.01.08 2015고단3854

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

On September 25, 2015, the Defendant driven the said car under the influence of alcohol content of 0.136% in blood around 21:00 and proceeded along the two-lanes in the direction of mutual assistance by driving the said car under the influence of alcohol content of 0.136% in the same line as the new line in Daejeon Seo-gu, Daejeon.

At the same time, there was a duty of care not to violate the signal signals displayed by a person engaged in driving a motor vehicle on the intersection with the signal apparatus installed.

Nevertheless, the Defendant, due to the negligence in the process of a stop signal, was faced with the front part of the driver's seat of the said car, and brought to the left in accordance with normal signals in the direction of the mutual assistance, from the top and right distance, the victim C(31 ) driven by the victim C (31 Do) who was driving the car to the left.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim, such as cerebral leums, fluoral salt, etc. requiring a treatment for about three weeks, and at the same time, escaped without taking necessary measures, such as aiding and abetting the victim, even though the said rocketing car was destroyed to the extent that the sum of repair costs, such as the exchange of the front driver, etc., was destroyed to the extent that it was destroyed to the point of time, and thus,

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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), Articles 148, 54(1) (the point of non-measures after an accident), and Articles 148-2 and 44(1) (the point of driving alcohol) of the Road Traffic Act concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Reduction of a small amount;