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(영문) 대구지방법원 김천지원 2013.05.16 2013고단305
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 February 19, 2013, the Defendant driven B K5 car with a blood alcohol concentration of 0.142% 0.142% as a service on February 19, 2013, and was driving in front of the Do-U.S. 2 Do-U.S. Do-U.S. Do-U.S. Do-U.S. Do-U. 2, on the front side of the Do-U.S. Do-U. Do-U. Do-U. Do-U. Do-U. Do-U. Do-U. Do-U. Do-U. Do-U. Do-U. Do-U. Do-U. Do-U.S. Do-A. Do-U. Do-U. Do-A.,

Ultimately, the Defendant, by occupational negligence, sustained injury to the affected party, such as catitis and catitis that requires treatment for about three weeks, and at the same time, destroyed the said catr vehicle to move in KRW 3,026,375, and escaped without immediately stopping it and taking necessary measures, such as relief.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, photographs of the vehicle involved, actual condition survey report, and on-site photographs;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

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) 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. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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