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(영문) 부산지방법원 2012.12.07 2012고합472
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 28, 2012, the Defendant: (a) was a person engaging in driving Dren car cars; (b) was driving the said car at the front intersection of 25 occ-dong Kimhae-dong '25 occ-dong occ-dong '25 occ-dong occ-dong occ-si'; and (c) was driving the said car at the front intersection of 0.19% under the influence of alcohol concentration at 0.19%; and (d) was negligent in the course of duty in violation of the signal from the occ-dong occ-dong occ-do to turn left at the right-hand occ-si; and (d) was driving the F taxi at the victim E (47 years old) who was under the left-hand side of the Human University due to the occupational negligence in violation of the signal at the right-hand occ-si; and (d) did not immediately stop the said taxi and take necessary measures, such as stopping the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Protocol of inspection by this Court;

1. Statement to E by the police;

1. The actual survey report on traffic accidents, and related photographs;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of view of failing to take measures after destroying and damaging property);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, of which

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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