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(영문) 대구지방법원 서부지원 2015.10.08 2015고단870

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

【Criminal Power】 On October 1, 2008, the Defendant received respectively a summary order of KRW 1.5 million from the Changwon District Court through the Changwon District Court on the charge of violation of the Road Traffic Act (driving) and KRW 6 million from the same court on August 22, 2012 due to the same offense of violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On July 21, 2012, at around 22:30, the Defendant, without a driver’s license, driven a C white motor vehicle under the influence of alcohol level of about 0.089% in a section of about 10km from the 10km-ro ju apartment to the 104-dong parking lot at the 10km-do Gyeongnam-si, Gonam-do.

Accordingly, the Defendant, without a driver's license, driven a motor vehicle under the influence of alcohol even though he had a record of punishment for driving a motor vehicle more than twice.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing) is a person engaging in driving a motor vehicle for the aforementioned Doing test.

At around 22:30 on July 21, 2012, the Defendant driven the above car and made a left turn to the left at a non-speed speed from the front of the E convenience store located D at the time of the show.

In such cases, there was a duty of care to prevent accidents by driving a driver by checking well the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, neglected to turn to the left and went to the right on the right side of the Defendant’s vehicle, shocked the part of the victim F (the age of 28) on the left side of the Defendant’s vehicle into the front front part of the vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained bodily injury, etc., such as distribution of a balance, which requires two weeks of medical treatment, and escaped without immediately stopping and taking measures, such as providing relief to the victim.

(i) the evidence;