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(영문) 대전지방법원 2015.08.26 2015고단2031
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 29, 2015, the Defendant driven a CM5 vehicle with a blood alcohol content of 0.123% at around 01:05, while driving the CM5 vehicle on the side of the Seo-gu, Seo-gu, Daejeon, and driven the road in front of the residents' center located in the Seo-gu, Seo-gu, Seo-gu, with a view to an occupational negligence driven under the influence of alcohol, while driving the eCA-110 two-wheeled by the victim D (the age of 49) who driven at the eCA-110 two-wheeled vehicle that was driven by the victim D(the age of 1,111,50 won, and escaped without taking necessary measures, such as aiding the victim, even if the repair cost of the said two-wheeled vehicle was destroyed to the extent that the repair cost of KRW 1,111,500 is sufficient.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. An accident site photograph;

1. Report on the entry into an employer and circumstantial statement;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to investigation reports (Application of the Tramark Official Form);

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. Imprisonment with prison labor [the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violating the Road Traffic Act by drinking driving];

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the long-term punishment for the crimes of the above two types];

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g. initial offenders, reflectivity, agreement, comprehensive insurance coverage, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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