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(영문) 대구지방법원 김천지원 2014.07.02 2014고단467
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (DYL) is a person engaged in driving a DYF rocketing car;

On March 29, 2014, at around 23:35, the Defendant driven the said car while under the influence of alcohol 0.131% of alcohol level, and led the road in front of the Gu-U.S.-U.S. East East Eastdong Dormitory Dormitory to the seat of the guard.

At the time, there was a night and a crosswalk installed, so in such a case, the driver had a duty of care to live well on the right and the right of the front and the right of the front and the right of the driver and drive safely.

Nevertheless, the Defendant neglected to do so and went away by his occupational negligence in front of the above rocketing or car, without taking necessary measures, such as providing rescue to the victim, who was placed a crosswalk from the right side of the direction of the Defendant’s proceeding to the left-hand side of the victim E (n.e., 21 years old). However, the Defendant got about 12 weeks of treatment, and went away without stopping immediately and without taking necessary measures, such as providing rescue to the victim.

2. Around March 23:35, 2014, the Defendant driven a DYF rocketing car under the influence of alcohol content of about 0.131% in the section of about 8km from the front of a mutually influent restaurant located in the Gu-U.S. Pyeong-dong to the front of a village dormitory located in the same city of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. F's statement of traffic accident-related person;

1. A traffic accident report, a actual condition survey report, a blood alcohol concentration appraisal report, and a brewing driver's license report;

1. A report on investigation (specific distance);

1. Application of Acts and subordinate statutes of a medical certificate;

1. 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, Article 148-2(2) of the Road Traffic Act.

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