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(영문) 대구지방법원 2018.05.11 2017고단6822
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of the CM5 vehicle.

On October 25, 2017, the Defendant driven the above vehicle while under the influence of alcohol content of 0.078% during blood transfusions, and driven the front road of the Gansan Indoor Sports Center located in the upstream of the Gansan City at the Gyeongsan City, the Defendant driven the front road of the Gansan indoor Sports Center at the speed of fest away from the front line of the police box at the uppermost distance.

At night, the driver of any motor vehicle has a duty of care to maintain and operate the appropriate distance by checking the safety of the course by checking well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected this to drive a vehicle close to the direction of the school, and the part of the victim D(29)-K3 car driving, who was directly in the direction of the police box at the direction of the patrol box at the port of the snife at the port of the snife.e., the Defendant conflict with the front side of the left side of the vehicle.

As a result, the Defendant suffered sugars without any room in two common areas, which require the above victim to receive approximately two weeks of medical treatment, and escaped without immediately taking necessary measures even if the said passenger car owned by the victim was damaged by the amount equivalent to KRW 7,834,791.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A written diagnosis and written estimate;

1. The application of the laws and regulations to the investigation report (as regards the above dmark formula application);

1. Article 5-3 subparag. 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) (a) of the Road Traffic Act, Articles 148, 54(2)3 and 44(1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3.

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