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(영문) 대구지방법원 김천지원 2014.09.04 2014고단791
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:50 on July 23, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Aggravated Punishment, etc. of Specific Crimes) (hereinafter “AD”), while driving a Cstststststy car with blood alcohol concentration of 0.155% and driving the Cstststststy car into the Socro Sports Park center at the seat of the Dong-dong Office of Kimcheon-si, the Defendant neglected the duty of fronting in the drinking state while driving the car in the state of drinking, caused the victim D (the age of 69) who walked on the right side of the said vehicle due to occupational negligence while driving the vehicle in the direction of the road.

Ultimately, even though the Defendant suffered from an injury, such as cerebrovascular blood, etc., for a period of two months, due to the above occupational negligence, the Defendant left the place immediately and escaped without taking measures, such as providing relief to the victim.

2. On May 10, 2010, the Defendant was issued a summary order of one million won of a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch office of the Daegu District Court on May 10, 2010; and on March 16, 2012, the same court issued a summary order of one million won of a fine for the same crime, respectively.

On July 23, 2014, at around 03:50, the Defendant driven C rocketing car under the influence of alcohol content of about 0.155% from around 3 kilometers of blood alcohol content to the front road of the Green Welfare Center for the Aged in the same Do-dong from the front of the Triplus household store located in Kimcheon-si, Kimcheon-si to the same Do-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident occurrence report, on-site photographs, traffic accident report, actual condition survey report, and the report on the actual condition of a drinking driver, current status, and statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification reports of the same kind of records driving);

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes selected.

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