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(영문) 대전지방법원 2013.09.06 2013고단2671
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

Around 02:30 on July 5, 2013, under the influence of alcohol with 0.205%, the Defendant driven a CM3 vehicle with no mandatory insurance policy, and proceeded into a light apartment with the front intersection of the Sung-gu Office in the basin of the relevant forest park. At the same time, the Defendant neglected his/her duty of care to safely proceed with the intersection in accordance with the new subparagraph, and neglected to perform his/her duty of care to safely proceed with the intersection in accordance with the new subparagraph, and did not immediately stop the victim’s D (59 years old) driving, which was directly located at the seat of the science park d (59 years old), with the front part of the Defendant’s vehicle with the front part of the driver’s vehicle and caused the injury to the victim, and at the same time, failed to take necessary measures, such as providing rescue and relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident) Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of operating a motor vehicle which is not covered by mandatory insurance) Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the initial offender, the minor damage, and the victim's non-prosecution of punishment);

1. Article 62 (1) of the Criminal Act (the age, economic condition, and serious reflect of the defendant);

1. Probation, order to provide community service and attend lectures;

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