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(영문) 대구지방법원 김천지원 2013.08.28 2013고단711

특정범죄가중처벌등에관한법률위반(도주차량)등

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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

On April 12, 2013, when the Defendant was under the influence of alcohol at 0.058% of blood alcohol concentration, the Defendant driven the observer car as a business, and proceeded 4 lanes from the old Si/U.S. post office distance in front of the old Si/U.S. in front of the Gu, Si/S., the Defendant neglected to perform the front line duty in the state of the front, while neglecting to turn to the left from the registry office distance from the front side of the vehicle driven by negligence in the course of driving the vehicle in violation of the signal, and received the front side of the victim C (29 years old) driving, the driving of the victim C (29 years old) driving along the right side of the observer car in front of the above observer car.

Ultimately, the Defendant, by negligence in the above occupational negligence, suffered two strings requiring medical treatment for the above victim, and at the same time, did not immediately stop a car owned by the above victim and run away without taking necessary measures, such as aiding and abetting the victim, even though the said car was damaged to bring about a considerable amount of KRW 7,503,668.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident occurrence report, a actual survey report, and a master-employed driver report;

1. Investigation report (related to the application of the Madmark numerical value);

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is to cause an accident in violation of the signal while driving a food.