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(영문) 대전지방법원 2014.07.11 2014고단1561
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

The Defendant is a person engaging in driving a rocketing car.

On February 19, 2014, at around 22:05, the Defendant driven the said car while under the influence of 0.183% of alcohol level 0.183%, and led the Defendant to turn to the left at the 11 complex of GS25 Si convenience stores located in the Seo-gu, Seo-gu, Seoul Metropolitan City.

Since there is a center line with a yellow solid line, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle in compliance with the tea line.

Nevertheless, while under the influence of alcohol, the Defendant was unable to look back at the victim D (the age of 48) who stops in the right and left-hand turn at the center line by the left-hand turn, and was driven by the victim D (the age of 48) at a late time and did not avoid the vehicle, and thus, the Defendant was able to drive the said vehicle behind the said rocketing car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc., in need of treatment for about two weeks, and, at the same time, escaped without any measures such as stopping and providing relief to the victim, even though the Defendant destroyed and damaged the said new town car, such as the exchange of rierers, etc., to bring about 538,085 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. The actual condition survey report;

1. An accident site photograph;

1. Report on the entry into an employer and circumstantial statement;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of punishment: Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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