beta
(영문) 대구지방법원 김천지원 2012.11.28 2012고단877

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

1. On July 23, 2012, the Defendant: (a) driven a rocketing car in the influence of alcohol by her duties on the part of July 23, 2012; (b) proceeded in front of the Huzin Huz., which is in the right-hand speed of the Gyeong-si, the Defendant received the part of the victim D (59) who was crossing the road from the right-hand side of the course due to an occupational negligence in violation of the stop signal, while neglecting the duty of cryping in the direction of the operation, and neglecting the duty of cryp in the direction of the operation.

Ultimately, even though the Defendant suffered injury to the victim, such as the abandonment of the left-hand body, which requires treatment for about eight weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

2. At the time and place set forth in the preceding paragraph, the Defendant driven C rocketing car while under the influence of alcohol with 0.080% of alcohol content.

3. At the time and place specified in the preceding paragraph, the Defendant operated C Launa car not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. A traffic accident occurrence report, on-site photographs, and investigation report;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. The actual survey report and on-site photographs;

1. The credit bureau and the mandatory insurance association;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (related to the application of the Tramark);

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes Concerning the Crime, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44(1) of the Road Traffic Act, Article 46(2) and the main sentence of Article 8 of the Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 11369, Feb. 22, 2012) regarding the Guarantee of Automobile Accident Compensation (wholly amended by Act No. 11369, Feb. 22, 2012) are 1.