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(영문) 창원지방법원 밀양지원 2016.05.19 2015고단395
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in Cone Star driving.

On September 27, 2015, the Defendant was under the influence of the alcohol level of 0.098% in blood without a driver’s license on September 16:30, 2015, and was driving the said Lone Starex with the alcohol level of 0.09% in the same manner, and was driving the front road of the Korea Military Center located in the territory of the Eup, who was not open to the Gyeongnam-gun and was under the influence of the Defendant, along with one of the second two directions from the original far distance.

Since there was a vehicle waiting for signal at the front door, there was a duty of care to see the front door as a person engaged in driving of a motor vehicle, to accurately manipulate the brake and steering gear, and to prevent accidents from occurring.

Nevertheless, as the Defendant neglected to perform his duty at the time of the sobane, the Defendant was negligent in neglecting his duty at the time of the sobane, and was in possession of the victim D(42 ) who is waiting to be transmitted to the left-hand side of the said passenger vehicle, and received the part back to the right-hand side of the said vehicle.

As a result, the Defendant suffered injury to the victim, such as salt and tensions, which requires approximately three weeks of medical treatment by occupational negligence as above, and at the same time, the Defendant escaped without taking any measure to destroy the said car to make it possible for the victim to receive repair costs equivalent to KRW 2,106,088, including the exchange of pan-fashions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, and 54 (1) of the Road Traffic Act (the point of driving without a license) concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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