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(영문) 대구지방법원 김천지원 2013.04.11 2013고단120
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

On December 28, 2012, at around 21:05, the Defendant: (a) driven a ecke-do car with a blood alcohol concentration of 0.193% while driving the B ecke-do car, and driving the front road of the ecke apartment in the ec-Sim of the old city from the eclist distance room to the eclist third apartment-distance slope; (b) neglected the duty of eclibbing in the drinking state; and (c) neglected the duty of eclibbing in the eclibbbbb, and received the back part of the ecti-ray driver’s left-hand part of the ecti vehicle run in the front right-hand part of the Defendant driving.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about three weeks, and, at the same time, escaped without immediately stopping the said marina car owned by the victim and without taking necessary measures, such as providing relief to the victim, even though it damages the back panion, etc. of the said marina car to the extent that it would amount to KRW 413,563.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A traffic accident report, a traffic accident report (1), a traffic accident report (2), and on-site photographs;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. Application of the Acts and subordinate statutes of a written diagnosis (C) and a written 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 (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment);

1. Selection of each sentence of imprisonment;

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

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