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(영문) 대구지방법원 김천지원 2013.03.28 2013고단107
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 26, 2012, the Defendant: (a) operated a blateral car with a blood alcohol concentration of 0.186% while driving the blateral car at around 00:58 on October 26, 2012; and (b) changed the two-lanes from the male distance to the clater 3rd apartment, one of the two-lanes in front of the printing materials department store located in the Gu and Silmi-si, while changing the two-lanes, the Defendant was negligent in driving the blater and the blateral part of the victim C (28 years old) driving in the same direction from the blateral negligence in the course of duty, and was in front of the right side of the blateral passenger car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the said C, such as salt, tensions, etc. in light of the trend that requires approximately two weeks of medical treatment, and at the same time, destroyed the said C-owned solid-man car to be in excess of KRW 2,641,760, and escaped without immediately stopping and 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 driving report, a report on the state of drinking drivers, a report on the state of drinking drivers, an inquiry into the results of the control of drinking driving, and a yellow survey report;

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

1. Articles 40 and 50 of the Criminal Act (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, with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are applicable.

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