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(영문) 대구지방법원 김천지원 2013.04.04 2013고단151
특정범죄가중처벌등에관한법률위반(도주차량)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

At around 22:00 on January 24, 2013, the Defendant, while driving the B truck while under the influence of alcohol of 0.133% of the blood alcohol concentration, and driving the 4-lane ahead of the cream box in front of the cream box in front of the Gumi-si in front of the Gumi-si, on two-lanes, was driven from the cream-distance off in front of the front line. While neglecting the duty of the front line and neglecting the duty of the front line, the Defendant was found to have received as the front line part of the d SM5 Driving of the victim C(54 years old) who was waiting in the traffic signal from the front line of the course of driving due to negligence in the course of his duties.

On January 25, 2013, at around 00:31, the Defendant continued to drive the above cargo vehicle while under the influence of alcohol of 0.133% of alcohol level from the Do, to the road before the National Representative of the State, which is located in the Gumi-si, Sinsi.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim’s sculp and the right-hand bed, and at the same time escaped without immediately stopping the victim’s vehicle back to the repair cost to the extent of KRW 473,436, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident (five pages of the investigation record), a report on a traffic accident (report on actual condition), a damaged vehicle, photograph of the damaged vehicle, site, and vehicle photograph;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of the Acts and subordinate statutes of a written diagnosis (C) and written estimate (D);

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. The crimes of Articles 40 and 50 of the Criminal Act (the crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and punishment

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