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(영문) 대전지방법원 2014.01.17 2013고단4495

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 15, 2013, while under the influence of alcohol at 0.132% on blood alcohol level, the Defendant driven a Ccoison vehicle at the right side of the Defendant, and straighted the front road of the Y25 city convenience store in the Daejeon Daejeon Seo-gu Y25 city into the clim-off of the cream. At the same time, the Defendant was under the duty of care to check whether there are vehicles entering the intersection temporarily stopped or slowly and to safely drive the vehicle before entering the intersection with no signal, and to prevent accidents by driving the vehicle safely. At the same time, the Defendant was under the duty of care to check whether there are vehicles entering the intersection while driving the vehicle at the same time with the right side of the Defendant’s running the vehicle at the right side, and the Defendant was under the duty of care to prevent accidents by driving the vehicle safely. At the same time, the Defendant was under the duty of care to obtain from the Defendant’s front part of the 3rd passenger vehicle at the right side of the knife vehicle at the same time (the age of 46).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act concerning the facts constituting an offense, and Articles 148, 54 (1) of the Road Traffic Act (the point of view of failing to take measures after an accident), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of view of running a sound driving);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.