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(영문) 춘천지방법원 2014.10.23 2014고단794

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

However, 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

The Defendant is a person who is engaged in driving a small-scale car B.

On July 14, 2014, at around 18:50, the Defendant driven the said car and operated the street in front of the “Femanncheon Park” located in the Gecheon-si Dencheon-si Operations while under the influence of alcohol by 0.091% of the blood alcohol concentration.

At the time, the defendant engaged in driving of a motor vehicle had a duty of care to live well on the right and the right and the right and the right to drive the motor vehicle safely to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, a victim C (a woman, 35 years old) who is under way to turn to the left is trying to overtake the victim's D's Rano car in the front direction of the said small-sized car. The above part of the Rano car's front direction part of the said small-sized driver's car, resulting in the victim's injury such as a ranoum sp, etc. requiring approximately three weeks of medical treatment, and at the same time, the above Rano car was destroyed by the rano car and parked immediately without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the placement of a ship;

1. The circumstantial report;

1. Actual condition survey;

1. A photograph of an escape vehicle and a summary report of arrest;

1. Application of Acts and subordinate statutes of a medical certificate;

1. 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, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trade between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;