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(영문) 대전지방법원 홍성지원 2013.08.09 2013고단444
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

1. Around 20:00 on June 10, 2013, the Defendant driven a B-coo motor vehicle under the influence of alcohol content of approximately 0.177% at a section of about 1km from the front of the Geum River basin office, which was located in the same side of the Geum River basin, to the front road of the Geum River basin, located in the same side of the Donnam-gun budget office.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and Violation of the Road Traffic Act (U.S.A.) were driven by a passenger car set forth in paragraph 1 of the same Article on a temporary basis, such as the foregoing paragraph 1, and the Defendant was under the influence of alcohol 0.177% of alcohol concentration in front of the budget fire fighting station located in the Hanam-gun Office of Budget, on a reverse side.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that drivers are engaged in driving service thoroughly and safely operate the car line.

Nevertheless, the defendant shocked on the left side of the motor vehicle of the defendant's driver's vehicle driving by the victim C (I, 54 years old) who was driven by the center line of the drunk Sea.

Ultimately, the Defendant, by occupational negligence, sustained injuries, such as salt and tensions, etc., in need of approximately two weeks of medical treatment, and, at the same time, did not immediately stop a damaged vehicle to cause damage to KRW 2,368,197, and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. A medical certificate (C);

1. Application of Acts and subordinate statutes to a report on investigation (report on the confirmation of damage);

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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