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(영문) 대구지방법원 김천지원 2014.02.26 2013고단1618
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 5, 2013, the Defendant, as a business of around 01:15, operated a BM7 car while under the influence of 0.148% of blood alcohol concentration, and proceeded two lanes in the front of the treatment apartment house located in the Nowon-gu, Goi-gu, Goi-si, Goi-si, Goi-si, with the erogate gatebrigate, while neglecting the duty of erogate in the front state while driving the car in the front state while neglecting the duty of erogate in the front state, and was found to have been negligent in driving the victim C (n, 30 years old) driving in the front part of the same vehicle in the same way as that of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. by occupational negligence during approximately two weeks of medical treatment, and at the same time, destroyed the amount of the back of the fright passenger car owned by the victim so that it could not be identified, and escaped without immediately stopping necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on the occurrence of traffic accidents, reports on driving of drivers, and actual status survey reports;

1. A medical certificate;

1. Application of statutes on site photographs;

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;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. A suspended sentence under Article 62(1) of the Criminal Act does not include the liability for the crime in light of the background of the occurrence of the reason for sentencing, the degree of damage of the damaged vehicle, etc., but the victim’s degree of injury is not much significant, the victim’s agreement with the victim, and the criminal punishment.

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