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(영문) 대구지방법원 포항지원 2013.06.20 2013고단377
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

1. Around 00:55 on March 27, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) (A.C. 00:55), while driving CM5 automobiles with blood alcohol concentration of 0.218% without a vehicle driver’s license, and temporarily stopped from the scco to the scco bank, while driving the CM5 car at the 0.218% of the blood alcohol concentration.

At the time, the victim D was driving a ero-made taxi at the rear side of the MF5 car, so there was a duty of care to safely drive the vehicle with the duty of care to safely drive the vehicle by taking the front and rear left and right.

Nevertheless, the Defendant neglected this and sM5 car, thereby shocking the front gate of the above LM5 taxi, following the above SM5 car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as dump, tensions, etc. in need of approximately two weeks of medical treatment, and, at the same time, did not take necessary measures, such as aiding and abetting the victim, even though the said dump taxi was damaged by the repair cost of KRW 329,127.

2. Around 00:55 on March 27, 2013, the Defendant: (a) operated CM5 car under the influence of alcohol without a vehicle driver’s license while under the influence of 0.218% of alcohol concentration in the blood alcohol concentration, from the front side of the “hambing window,” located in the north-gu Yang-dong at the port of port to the front side of the “hambing,” located in the same string road; (b) the Defendant driven CM5 car without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses (record No. 21 pages);

1. A medical certificate;

1. Application of the written estimate (No. 50 pages of investigation records) statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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