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(영문) 대전지방법원 2015.10.07 2015고단2664
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 July 11, 2015, the Defendant, while under the influence of alcohol on 0.260% of blood alcohol concentration, was driving a Crens car, and was driving the Crens car on the front of the New Village street in the Seo-gu, Seo-gu, Daejeon to the Ganhye Elementary School at the end of the Bupyeong-gu, Daejeon, and was negligent in performing the duty of exponing and neglecting the duty of exponing under the influence of alcohol, and went back without taking necessary measures, such as rescueing the victim, who was under the signal atmosphere (53 years old). At the same time, the Defendant suffered an injury to the Epctra of the Victim D(53 years old), which requires approximately two weeks medical treatment, and at the same time, 492,768 won repair expenses were destroyed to the extent that the said car was destroyed, and immediately stopped to the extent of providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. Relevant vehicle photographs;

1. Report on the entry into an employer and circumstantial statement;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Imprisonment with prison labor [the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violating the Road Traffic Act by drinking driving];

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the long-term punishment for the crimes of the above two types];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Consideration, agreement, comprehensive insurance coverage, degree of damage, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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