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(영문) 창원지방법원 진주지원 2016.04.12 2016고단8

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On September 18, 2015, the Defendant was under the influence of alcohol with a maximum of 0.176% alcohol concentration in blood from the 3km section of approximately 3km to the lower-class public sports site located in the same military area from the Hadong-dong Dendong-dong, Dendong-dong, Dendong-dong, Dendong-gun, Dennam-gun, to the lower-class roads of the lower-class public sports site in the same military.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Epinsing Vehicles) led the Defendant to drive the said vehicle with alcohol content of 0.176% at the border of the city at the time of paragraph 1, and drive the said vehicle at the speed of 0.176% at the high level of the flow of the nive sports site located in the lower level of the lower level of the nive sports site at the lower level from the lower level of the lower-dong Eup to the high level of 50km at the speed.

At the time, there is a night and a place where a center line is installed, so there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the steering time and accurately operate the steering and steering devices, and safely operate the wheel.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a stroke while driving a stroke, which was driven in the opposite lane due to the negligence of driving the central line, and was driven in the opposite lane by the Egals of the victim D (61 ). After the driver’s seat of the stroke part of the Defendant’s car driving seat, the Defendant was placed in front of the front stroke part of

Although Defendant 1 suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on driving alcohol;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148-2 subparag. 2 and Article 44 of the Road Traffic Act concerning the crime.