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(영문) 대구지방법원 영덕지원 2018.07.25 2018고단108
특정범죄가중처벌등에관한법률위반(도주차량)등
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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 a low-speed car in C.

On April 14, 2018, while under the influence of alcohol level of 0.180% among blood transfusions around 16:50, the Defendant took two-lanes of national highways No. 7 in the area of territorial sea near the Gyeongnam-gun of Gyeongnam-gun of Gyeongnam-gun of Gyeongnam-gun, the Defendant was at a speed of about 80km from the surface of the territorial sea to the long speed of 80km. The Defendant’s occupational negligence, while neglecting the duty of e-learning and failing to properly operate the brake system, was the victim D (at the same time, 62 years old) who was under the influence of the Defendant’s e-learning car driving at the front part of the Defendant’s car, and was unable to take measures necessary for treatment of the said e-learning car at a speed of about 2 weeks and removal of the said e-learning car from the front part of the Defendant’s car, and did not take measures for treatment of the said e-learning car at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (report on the situation of a driver driving a driving house and distance from driving a suspect drinking);

1.Special circumstances: Arrest report of a person suspected of violating the law of law and the law of the Do; report of the circumstances of the driver in charge; report of the control of drinking driving; report of the results of actual condition survey;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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, 54 (1) (a) of the Road Traffic Act, and Articles 148-2 and 44 (1) (a) of the Road Traffic Act concerning the crime committed under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (2) 2 and 144 (1) of the Road Traffic Act;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).

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