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(영문) 대구지방법원 2013.05.09 2013고단961
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Brenren car.

On December 29, 2012, the Defendant, while under the influence of alcohol at 0.146% of blood alcohol concentration on the 19:40% on December 29, 2012, transferred the road in front of the restaurant located in the gylle of Daegu-si, to the gyncheon-si, the Defendant was at night at the time, and the place is adjacent to the intersection, and the victim of Maban C was in a direct progress under the new title. Therefore, the Defendant had a duty of care to temporarily stop before and after the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right holder

Nevertheless, the Defendant, while under the influence of alcohol, immediately stopped and escaped without taking measures such as providing relief to the victim, by taking a back part of the back part of the above AbXD car with the top part of the front part of the left part of the Defendant’s vehicle. As a consequence, the Defendant suffered injury to the above C, which requires approximately two weeks of medical treatment, and at the same time, damaged the above AbXD car to cover KRW 2,041,30,00 of its repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. Statement to C by the police;

1. A traffic accident report;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on investigation reporting;

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 of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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