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(영문) 대전지방법원 2015.05.12 2015고단477
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 car in a SP area.

On 25, 2015. 01. 25. 01. 01. 01. 01. 58, the Defendant driven the said car with a 0.086% alcohol concentration, and led to a two-lane speeding four-lane road in front of the E pharmacy, Seo-gu, Daejeon, Daejeon, toward the e-mail-passing side from the orchard-run side of the orchard, leading to a two-lane speeding about 50km.

Since there is a three-distance intersection where signal lights are installed, a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles according to traffic signals.

Nevertheless, as above, the Defendant was under the influence of alcohol and by negligence, who neglected and proceeded with the stop signal, and led to the left-hand turn in accordance with the new sub-paragraph, the back part of the victim F (the age of 40)'s GUD car driving, which was the left-hand turn on the left-hand part of the above SUD car, was received in front of the left-hand part of the passenger car.

The Defendant, by negligence in the course of performing such duties, sustained the injury of fluoral salt, etc., which requires treatment for about three weeks to the above victim, and suffered from the injury of fluoral salt, etc., which requires treatment for about three weeks to the victim H (38 years of age). The Defendant destroyed the said fluoral car to be repaired for a repair cost of KRW 7,164,100, and escaped without taking necessary measures such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to F, H, and I;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of the written estimate for motor vehicle repair;

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), 148-2 (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 Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;

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