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(영문) 대구지방법원 상주지원 2014.04.22 2013고단620
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

The defendant is a person who is engaged in driving a BM5 car.

On August 5, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.190% from a section of approximately 2.1km from a section of 2.1km to the street in front of a restaurant in the Mado-dong of the same city, which is located in the Mado-dong of the Mado-dong of the Mado-dong on August 5, 2013.

B. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-ju) was driving the said car with the date and time set forth in the said paragraph, and in front of the entrance of the second apartment located in the area of the area of the Dok-dong at the time of residing in the area of the Dog-dong.

At the time, there was a two-lane road in front of apartment houses in the urban area at night, and therefore, there was a duty of care to safely drive a motor vehicle to prevent accidents by safely driving the motor vehicle, such as reducing the speed and checking the front, the left, and the right side of the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim C (n, 32 years of age) who was under the influence of alcohol while driving in the state of alcohol, and did not find out the victim C (n, 32 years of age) on the right side of the way, and was negligent in proceeding with the victim's right side her part.

Ultimately, even though the Defendant suffered from an injury such as salt, tension, etc. in need of treatment for about three weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Copy of the circumstantial statement of a host driver;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3(1)2 of the Criminal Act concerning criminal facts and the choice of punishment.

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