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(영문) 대구지방법원 포항지원 2014.01.09 2013고단1244
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

At around 00:10 on May 28, 2013, the Defendant, while under the influence of 0.061% of the blood alcohol concentration on the front of the “Dondong,” at the time of port, was driving a B rocketing car with two lanes between the three-lanes, and proceeded as the two-lanes from the offline of the plaza.

At night, in such cases, a person engaged in driving of a motor vehicle has a duty of care to check the safety of course and to prevent accidents by safely driving the motor vehicle in advance.

Nevertheless, the Defendant neglected to do so and proceeded on the road without permission, and received the right-hand bridge of the victim C, which was unauthorized, in front of the left-hand side of the vehicle of the Defendant.

Ultimately, even though the Defendant suffered injury to the victim, such as the complexity of the right-hand bridges, which requires treatment for about 14 weeks due to such occupational negligence, the Defendant left without immediately stopping and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D or C;

1. Investigation reports (related to the details of reports filed by persons falling under wood);

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);

1. The circumstances and the beginning of the crime committed before Article 62(1) of the Criminal Act are inconsistent with the suspended sentence.

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