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(영문) 대전지방법원 2016.06.24 2016고단1315
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is the driver of a sports vehicle even in Coina.

On December 27, 2015, the Defendant driven the above vehicle under the influence of alcohol content 0.131% in blood, while driving the vehicle at around 07:10%, and driving from the Samsung Ne-distance to the e-mail distance, the Defendant neglected the driver of the vehicle as the driver of the vehicle on the road that is divided between the sidewalk and the roadway, despite the occupational duty of care that should not pass the sidewalk and should not pass the sidewalk, and neglected to take necessary measures for the victim F (F, 70 years old) who was under the influence of alcohol and passed the sidewalk, without taking necessary measures for the victim’s escape from the front part of the Defendant’s vehicle, such as “an injury to the pel pele pele pele pele,” which requires approximately 14 weeks medical treatment, and then, did not take necessary measures for the victim to escape immediately at the time of the occurrence of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the report on detection of the primary driver;

1. Descriptions of a medical certificate;

1. Application of video Acts and subordinate statutes to images of an accident scene;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take any measure after destruction of goods), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) of the same Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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