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(영문) 대구지방법원 김천지원 2013.09.25 2013고단837
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 10, 2013, the Defendant: (a) while driving a Bran vehicle with a blood alcohol concentration of 0.22% while under the influence of 22:00 on June 10, 2013, the Defendant was due to occupational negligence of the victim C (n, 48 years old) (n, the Defendant), who failed to operate the steering gear in a state of alcohol while neglecting the duty of brancing, driving the four lanes from the front side of the Daegu Bank located in the Yellow East-dong in the Gu-U.S. Sinan City to the yellow commercial distance; (b) while neglecting the duty of brancing in a state of drinking, the Defendant was due to the Defendant’s failure to operate the steering gear properly; and (c) was led to the front side part of the Dranp vehicle in the front side of the said franc vehicle.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim’s saltss, etc. of the bones of wood, which requires medical treatment for about three weeks, and suffered injury to the victim E (the 24 years old) who was on board the victim’s car, such as saltss, etc. of the bones of wood, which requires medical treatment for about two weeks, and, at the same time, escaped without any necessary measures such as providing rescue to the victim, even though the Defendant destroyed the said Swiss car to the extent that its repair cost would be equivalent to KRW 1,284,290.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of C, G, and H;

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

1. Application of each written diagnosis and written estimate (55 pages of investigation records);

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

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. The sentencing of Article 62(1) of the Criminal Act is suspended.

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