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(영문) 대전지방법원 2013.10.25 2013고단3786
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 became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Measures Taken after Accidents) on August 28, 2013, the Defendant driven a high-speed car with the driver’s license around 08:50, while driving the vehicle at around 08:50, the Defendant brought the vehicle at the seat of the Eup/Myeon office in the front of the Chungcheongnam-gun, Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul Special Metropolitan City, to the seat of the Eup/Myeon office in the front of the Defendant’s driver’s vehicle, and driving the vehicle at the seat of the Eup/Myeon office in the front of the Defendant’s driver’s license. The Defendant did not take measures necessary for the victim’s operation in the front of the damaged vehicle due to the left-hand left-hand turn due to the accident that is driven by the victim D (39 years old) driving in the front of the vehicle, and did not immediately repair the damaged vehicle to the victim F, who was on board the damaged vehicle (61).

2. On August 28, 2013, the Defendant violated the Road Traffic Act, like paragraph (1), and there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as drinking at the Defendant’s entrance in front of the Defendant’s house in the Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, for about twenty (20) minutes after he/she escaped from a traffic accident as stipulated in paragraph (1), and thus, he/she did not comply with a police officer’s request for a measurement of alcohol without justifiable grounds, even though he/she requested the police officer to comply with a measurement of alcohol by putting about twenty (20) minutes of the Geumsan Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning DF;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the facts constituting an offense;

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