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(영문) 대전지방법원 2018.06.21 2018고단958
특정범죄가중처벌등에관한법률위반(도주치상)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

On February 20, 2018, the Defendant was under the influence of alcohol content of 0.057% among blood transfusions, and the Defendant was driving a motor vehicle with low alcohol level of 0.057% on the road in front of the Middle Middle School in Daejeon Seo-gu, Daejeon, Daejeon, which is located in the 85-ro of the middle school, with one lane, and proceeds from the luxa off of luxa sports off from the luxa of luxa to the luxa apartment.

The Defendant, by negligence, driven the steering gear and brakes without accurately operating the steering gear and brakes, was driven by the Defendant’s vehicle’s front part of the Defendant’s vehicle, which was driven by the victim C(36 tax)’s new wave truck trucking vehicle’s front part of the Defendant’s vehicle, and the front part of the front part of the Victim E(36 tax)’s driving vehicle, which stopped on the two-lane in order to drive the rear, while driving the rear, was driven by the Defendant’s vehicle.

In the above accident, the Defendant suffered injury to the victim C, and at the same time, damaged the above cargo vehicle to the extent that the sum of repair costs, such as the board of teams, etc. totaling KRW 59,680,00, such as repair cost, damaged the victim E, suffered injury to the crypumum crums, etc. requiring approximately two weeks medical treatment, and damaged the above urban bus to the extent that the sum of repair cost, such as pent exchange, exceeds KRW 265,050,050.

Nevertheless, the defendant did not take necessary measures, such as aiding the damaged person, and escaped.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Inquiries about the results of crackdown on drinking driving;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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, 54 (1), 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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