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(영문) 대구지방법원 김천지원 2013.04.10 2013고단141
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 17:15 on January 7, 2013, the Defendant: (a) driven a CL car with a blood alcohol concentration of 0.130%, while driving the CV car, and driving the road in front of the Gu-U.S. Nowon-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City, in the middle of the Gu-U.S. city, at the center of the Gu-U.S. city, the Defendant neglected to perform his duty at the front of the Gu-U.S.; (b) neglected to perform his duty at the front of the said vehicle at the front of the said vehicle due to occupational negligence; and (c) received the back of the EN car by the victim

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the Victim F (F, who is the back seat of the No. 56) who is the passenger of the said No. NAS car due to light salt, etc. requiring treatment for about two weeks, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the said No. 505,373, while destroying the said No. NAS car to move up, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

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 Acts and subordinate statutes to a written diagnosis and estimate;

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 (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the former part of Article 38, Article 38 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the former two)

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