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(영문) 전주지방법원 군산지원 2013.10.30 2013고단977
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.) are those who are engaged in driving a B-hurd motor vehicle;

On July 17, 2013, the Defendant was under the influence of alcohol of 04:45% of blood alcohol concentration, and the Defendant was driving the said vehicle by using three lanes in the middle of the Korean Sports Park from the gym apartment distance protection area to the central sports park distance protection area of the two-lane, while he was under the influence of alcohol, and was under the influence of driving the vehicle by neglecting the duty of front-time care care due to the occupational negligence of driving the vehicle, the lower side of the bicycle driving by the victim C (hereinafter, 44 years old) who was under the influence of the Defendant due to the occupational negligence of driving the vehicle, was facing the front side of the Defendant’s driving vehicle and the rear light.

Ultimately, the Defendant, through occupational negligence above, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and, at the same time, did not immediately stop the damaged bicycle so that the damaged bicycle can be damaged to have approximately KRW 108,00,00, and did not take necessary measures, such as aiding the victim.

2. Around 04:45 on July 17, 2013, the Defendant was driving a B-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, traffic accident report (1), (2), and report on the status of the driver;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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