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(영문) 대전지방법원 2013.11.22 2013고단3726
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) and the Defendant driving a motor vehicle with blood alcohol concentration under the influence of alcohol concentration at around 3:40, and turn to the left from the middle and middle university on the side of the p.m. on the two-lane roads of the four-lane distance.

The location was an intersection where signal, etc. is installed, and the driver of the vehicle had a duty of care to observe the signal and prevent the accident in advance by faithfully driving the front-time, but the defendant, due to negligence in the course of duty when he neglected to stop at the front-time in the vehicle under influence of alcohol, caused the victim’s DNA driving Ebeer or the rear pans of the vehicle under the influence of alcohol to the front-time part of the vehicle of the defendant, resulting in the victim’s injury, such as light fluor, which requires two-day medical treatment, and at the same time, escaped without any necessary measures, such as providing rescue to the victim, even though the victim’s vehicle damages the repair cost of KRW 323,737.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) by the Defendant, as stated in the preceding paragraph, was living in his/her own residence of F apartment 201 Dong 201-dong 201, Daejeon Sungdong-gu, Daejeon Police Station at the time of the accident report, G was found out through the Defendant’s vehicle number inquiry.

The Defendant rejected the demand for the measurement of drinking alcohol on three occasions from August 8, 2013 to 02:2:01 on 8, 2013 and without justifiable grounds, on the grounds that the Defendant is deemed to have been engaged in drinking alcohol due to smelling from G and the breathing of snow.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions concerning facts constituting an offense;

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