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(영문) 대전지방법원 2014.11.26 2014고단3445
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 September 20, 201: (a) the Defendant is a person driving CM7 vehicle. Around September 20, 201: (b) under the influence of alcohol level of 0.066%, the Defendant driven the said vehicle as a part of the front line of the Defendant’s vehicle, while driving the said vehicle on his duty, and driving the e-fixed zone in front of the e-fixed zone located in Daejeon Middle-gu, Daejeon along the two-lanes from the e-mail distance to the e-mail distance from the e-mail of the Eastwest-gu, and proceed without looking well at the front line; (c) by negligence, the lower part of the G-learning vehicle driven by the victim F (27 years old) who was under a signal stop in the front line at the front line of the Defendant’s vehicle, and at the same time, the Defendant did not immediately destroy the said e-learning vehicle to ensure the victim’s treatment for about two weeks; and (d) did not immediately stop the said e-learning vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. A written report from an employee of an employer;

1. A traffic accident report;

1. Photographs;

1. Application of 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) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Violation of the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which has heavier punishment (the punishment shall be aggravated for concurrent crimes as provided for in the offense of a motor vehicle), but the term of the punishment as provided for in each offense shall be aggregated;

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