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(영문) 대구지방법원 포항지원 2016.10.13 2016고단793
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for one year.

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

At around 07:00 on March 20, 201, the Defendant driven a B-low-water vehicle with a blood alcohol concentration of 0.188%, and led to two-lane roads in front of the Port-gu North Korean Public Health Center in the north-gu in the Posidong at the port of port along two-lanes from the luki apartment to the long-distance distance from the luki apartment.

At this point, there was another vehicle in the signal atmosphere, so there was a duty of care for those engaged in driving service to live well in the front door and drive safely.

Nevertheless, under the influence of alcohol, the Defendant did not neglect the front line, and instead did so, led the victim C(the age of 52) who was in the atmosphere of the signal at the Defendant’s running lane to the front part of the car in front of the franchise, and caused MF5 car to be driven by the driver in front of the vehicle in front of the franchise.

Ultimately, the Defendant got the victim C with a tension and a tension for about two weeks of medical treatment by occupational negligence as above, and at the same time, the Defendant destroyed the MF5 car to be equivalent to KRW 2,394,326 of repair cost, and escaped without immediately stopping the 2,112,00 won, and without taking any measure as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of each quotation and the Acts and subordinate statutes governing damaged photographs;

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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of issue after the accident);

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment provided for in the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest punishment

1. Article 62(1) of the Criminal Act:

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