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(영문) 대전지방법원 2013.10.24 2013고단2234
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

On April 27, 2013, the Defendant, while under the influence of alcohol of 0.198% of blood alcohol concentration, driven a CBelgium car with five-lanes in front of the Galma-dong, Seo-gu, Daejeon, Seo-gu, Daejeon, along the four-lanes from the four-distance off of the Neline off the Neline of Daejeon, along the two-lanes.

In such a case, a person engaged in driving service has a duty of care to accurately operate the steering wheel and left and right, and to accurately operate the steering wheel and brakes. However, the defendant, by negligence, neglected to do so while changing the vehicle to the first lane of the road, and the defendant was led to the victim D(31 years old) E driving that was proceeding along the first lane prior to the defendant, and received the front part of the right side of the vehicle from the defendant's left side of the vehicle.

At the same time, the Defendant, by the foregoing negligence, sustained injury to the victim F (V, 29 years of age) who was on board the victim D and the damaged vehicle, such as salt, tensions, etc. requiring medical treatment for about two weeks, and at the same time, destroyed the repair cost to a level equivalent to KRW 2,735,38, and escaped without taking necessary measures such as providing relief to the victim by immediately stopping the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a survey report on actual condition, each written diagnosis, estimates, reports on the request for appraisal, and reports on investigation (applicable with the Tramark);

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 148-2 (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. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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