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(영문) 대전지방법원 2014.03.14 2013고단2757

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

On May 31, 2013, the Defendant, without purchasing mandatory insurance on May 31, 2013, 08:45, operated a leisure car with a alcohol level of 0.105% in blood while under the influence of alcohol level of 0.105% in Seo-gu, Seogu, Daejeon, and proceeded in front of the Drown Building (Seng Agricultural Co., Ltd.) in the direction of the new village distance from the border of the Pyeongan.

The Defendant neglected the duty of care to change the vehicle line in a safe way so that it does not interfere with the flow of other vehicles by properly examining the front and rear left, and instead neglected it, caused the victim D(60 years old) driving E-si driving on the front part of the right side of the passenger vehicle, which was going to a new village street slope from the right side of the passenger vehicle at the beginning of the middle of the middle of the month, and caused the victim to suffer injury, such as the dynas, in need of medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on detection of drivers and mandatory insurance (No. 5 No. 5 of the evidence list);

1. Application of the Acts and subordinate statutes of the inquiry and reply;

1. Relevant legal provisions concerning criminal facts, Article 3(1), proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of sound driving, the choice of imprisonment), Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the occupation of driving vehicles which are not mandatory insurance and the choice of imprisonment);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Type 1), mitigated area, one month to six months (whether suspended of execution of imprisonment without prison labor or not): Where illegality in the proviso of Article 3(2) of the Special School Act is serious, it shall be more than three times the same criminal records and five years.