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(영문) 대구지방법원 김천지원 2014.02.13 2013고단1613
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

On October 08, 2013, the Defendant: (a) operated a BranHG car with a blood alcohol concentration of 0.209% 0.209% while running into North Korea in accordance with three-lanes in front of cable broadcast 500-4, the Defendant: (b) was negligent in the course of performing his duties by failing to perform the duty of Jeonju-on in drinking state; (c) changing the course to the left side of North Korea along the two-lanes of the said road; (d) the part of the victim C (n, 43 years old), driving, front of the right-hand part of the said franchise car, which was driven into North Korea in accordance with the two-lanes of the said road (n, 43 years old).

Ultimately, the Defendant suffered injury to the victim, such as salt dynasty, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant did not immediately stop the said fynasty car to the extent that it damages the repair cost of KRW 511,617 and runs away 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 traffic accident report, a actual condition survey report, and on-site photographs;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

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) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (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, of which

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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