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(영문) 대구지방법원 서부지원 2016.06.10 2015고단2207

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

On September 23, 2015, the Defendant was under the influence of alcohol content of 0.127% during blood transfusions at 0:10% on September 23, 2015, the Defendant driven a cub car in B in the direction of Seongbuk-do, the 30th Do in the vicinity of the Hoju Agricultural Co., Ltd. Co., Ltd. in the direction of Daegu City, in the direction of Sungju-Eup.

At that time, the victim C(42) driven by the victim C(S) was driving in front of the defendant, so in such a case, the driver of the motor vehicle had a duty of care to look at the front and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and prevent the accident

Nevertheless, the Defendant neglected to do so and received the rear part of the said vehicle as the front part of the said vehicle by negligence.

The Defendant, by negligence in the above occupational negligence, suffered injury to the victim in the upper part of the upper part of the upper part of the river which requires approximately 12 weeks of treatment, and at the same time, destroyed the above 1,935,00 won of the market price and escaped without immediately stopping and taking necessary measures, such as providing assistance to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Investigation report (as to the situation of dispatch to the scene and delayed attendance of the driver of one vehicle);

1. A medical certificate;

1. Application of the written estimate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is significant, such as the observation of protection and the order to provide community service and attend lectures.