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(영문) 대구지방법원 2013.10.31 2013고단4138

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten 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 driver of a third party vehicle in C.S.

On June 15, 2013, the Defendant, without a driver’s license on June 22 and 10, 2013, driven the said car while under the influence of alcohol 0.233% with a blood alcohol concentration of 0.23%, and led the four distance in front of the Gyeongbuk-gu, Daegu, U.S. to the Gyeongbuk-do guard.

Since there is a four-distance intersection with a signal apparatus, the driver has a duty of care to report the signal apparatus well and to proceed according to the ongoing signal.

Nevertheless, due to negligent negligence in the middle of the stop, the part on the right-hand panion part of the victim D(the age of 47) driving, which is left to the left in accordance with the new code, from the Do office of the Do office of the Do office of the Do office of the Do office of the stop, was shocked by the front and rear side of the car.

The Defendant, by negligence in the course of performing the above duties, sustained injury to the victim, such as scopical salt in need of treatment for about three weeks, and at the same time, escaped without immediately stopping the said taxi and taking necessary measures, such as providing relief to the victim, even though it damages approximately KRW 1,777,233 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver and a circumstantial report;

1. On-site photographs, etc., and photographs of damaged vehicles;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to the driving license ledger;

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, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.