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(영문) 인천지방법원 2014.04.24 2014고단552
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of B windowatom car.

On December 26, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.058% 0.05% around the blood alcohol concentration around 23:45 on December 26, 2013, while driving the said car along one lane on the side of Samsan-gu, Incheon Metropolitan City, the road located front of the Samsan-dong branch, Samsan-gu, Busan, through a trisan-do three-lane. However, the Defendant was negligent in neglecting the Defendant’s duty of front-time guard due to the negligence that caused the Defendant’s negligence of neglecting the duty of front-time guard, and received the Defendant’s vehicle back to the driving 5 vehicle in front of the car.

Ultimately, the Defendant, by negligence in the above business, suffered from the crym scopical salt scopics requiring treatment for about two weeks, and at the same time, destroyed the said SM5 car to be in excess of KRW 1,268,086, and escaped without immediately stopping it and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs of vehicles involved in accidents;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A medical certificate;

1. Application of the written estimate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes [the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, where the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act are more severe punishment];

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

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