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(영문) 수원지방법원 성남지원 2014.04.03 2014고단177
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

Criminal facts

1. Around 22:55 on December 18, 2013, the Defendant driven a DNA car while under the influence of alcohol with a blood alcohol concentration of 0.098% on the first road of the village hall in the Seo-dong, Seodong, Gwangju-si, Gwangju.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) were operated by the Defendant on the date and time set in Paragraph 1, and the Defendant was driving the said vehicle at the same time as the front part of the said vehicle, which was driven by the Defendant, while neglecting the front part of the community hall in front of the city hall in Gwangju City from the shot-dong, Seo-dong, Gwangju City to the front part of the said vehicle.

The Defendant, by such occupational negligence, caused the victim E to suffer from the victim H (year 27) who was on the towing vehicle to suffer approximately about 10 days of salt clocks, etc. requiring medical treatment. At the same time, the Defendant destroyed the said towing vehicle to damage the repair cost of KRW 11,11,650 for the said towing vehicle, and the repair cost of KRW 1,608,454 for the said SM vehicle, and escaped without taking necessary measures, such as aiding the victim, immediately stopping and aiding the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. A traffic accident report;

1. A report on detection of a host driver and an investigation report;

1. Each written diagnosis;

1. Application of each quotation and the Acts and subordinate statutes governing vehicle photographs;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of view of failing to take measures after causing damage to goods) concerning the crime;

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

1. Article 37 of the Criminal Code among concurrent crimes.

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