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(영문) 대전지방법원 천안지원 2013.11.07 2013고단845

특정범죄가중처벌등에관한법률위반(도주차량)등

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

except that 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

On June 3, 2013, at around 17:50, the Defendant, while under the influence of alcohol by 0.130% without a driver’s license, driven a motor vehicle with C Launa while under the influence of 0.130%, and led the Defendant to drive the motor vehicle in front of the new apartment zone in the new apartment zone, regardless of male scarpere, and at the same time, the yellow-ray central line is installed. In such a case, the Defendant, who is engaged in driving the motor vehicle, has a duty of care to safely drive the motor vehicle and prevent traffic accidents by driving the motor vehicle in advance, such as without breaking the central line, leading the Defendant to repair the motor vehicle in front of the motor vehicle in front of the Defendant, leading the damaged part of the motor vehicle in front of the victim D(43 years old) who was under the influence of the driver’s license, and taking necessary measures to repair the motor vehicle in front of the damaged part of the motor vehicle in front of the victim, 35 years old and 5 years old.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of the police interrogation of the accused and a written statement of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to Chapter XIV, such as traffic accident report (on-site survey report), host driver registration report, investigation report (influormark Form), report on the actual state of a driver, driver's license, register of driver's licenses, medical certificates, specifications of automobile inspection and maintenance, and photographs;

1. The meaning of Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point where a person runs away after the damage from his occupational negligence at the market), and Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act.