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(영문) 대구지방법원 2014.07.17 2014고단2772
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 10, 2014, while under the influence of 0.216% of blood alcohol level, the Defendant tried to drive a Category B car at a 0.216% and drive it into the Yong-Nam University at the Jinnam University located in the south south of the Agricultural Cooperative located in the high voltage side at the time of Gyeongsan-si. In such a case, the Defendant was at the place where the U-Nam signal was installed, and thus, the Defendant was engaged in driving service, despite the duty of care to see the front bank and the left and the right and the right and the right and to see the U-Nam with the signal apparatus, the Defendant was at the same time under the influence of alcohol, and had the victim (the 43 years old) drive the D. D., the Defendant’s vehicle at the right side of the 5-day driver’s vehicle at the same time, and had the victim take necessary measures for 2-day treatment of the said 3-day passenger vehicle at the same time, such as injury to the victim (the 2-day average 5-day).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. The actual condition survey report;

1. Accident site and vehicle photographs;

1. Each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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. The Criminal Act, the suspension of execution;

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