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(영문) 대전지방법원 2013.04.25 2013고단681
특정범죄가중처벌등에관한법률위반(도주차량)등
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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 vehicle of the vehicle of the vehicle of the vehicle of the vehicle.

On February 4, 2013, when the Defendant driven the above vehicle while under the influence of alcohol of 0.149% of alcohol concentration at 0.18:30%, and driven the above vehicle from the 3rd ambalian Station located in Daejeon Pungdong to the ambalwon, the Defendant neglected to perform the duty of the ambaling in front of the exit from the ambalian Station, and led the victim D (37 years old) who was under the influence of the influence of alcohol to drive the vehicle in front of the traffic signal at the front of the vehicle due to his occupational negligence, and led the above part of the back-hand part of the vehicle to be driven by the victim F(54 years old) who was under the influence of the vehicle at the front of the vehicle.

The Defendant, by such occupational negligence, sustained injury to the victims, such as light dump dump, etc. requiring two-day medical treatment, and at the same time, avoided automobiles, and escaped without any measures such as immediately stopping the car and providing relief to the victims, even though the car was damaged to be in excess of KRW 7,526,086, and KRW 2,211,304, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Traffic accident report and accident report of an employer-employed driver;

1. Application of each written diagnosis and written estimate under the Acts and subordinate statutes;

1. 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, Articles 148 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime at issue;

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

1. Selection of each sentence of imprisonment;

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

1. The victims due to the instant accident under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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