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(영문) 창원지방법원 밀양지원 2013.08.22 2013고단243
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 of the final judgment.

Reasons

Punishment of the crime

On March 15, 2013, the Defendant, while under the influence of alcohol 0.095% of blood alcohol concentration on March 13:25, 2013, driven C 100cc Orala, and made a left turn to the left at the face of wholesale on the screen of the ASEAN machinery and equipment room.

There was a duty of care to prevent the shock with pedestrians by emphasizing a studio as a person who is engaged in driving a studio as a road near a commercial building with frequent traffic of pedestrians.

Nevertheless, the Defendant, while under the influence of alcohol as stated in paragraph (1), failed to neglect it and failed to properly stop the ebbbbbbb, left part of the upper half of the victim D (the age of 55) who was in front of the mabaeban in front of the mathaban in the above ebabbba, brought about injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and escaped without immediately stopping the ebabba, and without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation report (Application of the Ba mark);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the criminal facts;

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. Article 62 (1) of the Criminal Act;

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