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(영문) 대전지방법원 논산지원 2016.04.26 2015고단753

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a DNA car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 28, 2015, the Defendant, while under the influence of alcohol on September 20:15, 2015, driven the said car, and led to the flow of the access road to the intersection, which is given from the Pacific Pacific Pacific, to the intersection at a scopic speed on the scopic side.

At the time, the Defendant followed the vehicle ahead of it in the same direction, and thus, the person engaged in driving service had a duty of care, such as securing and operating a sufficient safety distance with the vehicle ahead of it for safety.

Nevertheless, the Defendant neglected to drive normally due to the influence of the above drinking and neglected to do so, and led to the negligence of driving the Fpoter Cargo of the Victim E (60) driving (60) as it is, the Defendant’s fpool, followed the Defendant’s fpool part, and brought the Defendant’s fpool part into the front part of the car.

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., in need of two weeks’ medical treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

2. On September 28, 2015, the Defendant: (a) was arrested as a flagrant offender for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (EM) by G District Assistant H in the police station assigned by the police station G Assistant Assistant H in the police station where he/she was dispatched after receiving a report from the said E at the vicinity of the intersection given in the Yannam-gun, Chungcheongnam-gun, Chungcheongnam-do on September 28, 2015; (b) was taken into custody of the G District in I in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and was driven under the influence of alcohol by the said police officer; (c) was fluencing the Defendant; and (d) was fluencing the face;

A person shall respond to the measurement of alcohol by inserting approximately 21:0 on the same day, 21:12 on the same day, and 21:28 on three occasions on the same day, in a manner of inserting approximately 28 minutes of alcohol measuring instruments.