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(영문) 창원지방법원 밀양지원 2014.12.04 2014고단350
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 12, 2009, the Defendant was sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act at the Changwon District Court on January 12, 2009, and a fine of 3 million won for the same crime at the same court on August 31, 2009.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing) is a person engaging in driving a car B.

On May 8, 2014, the Defendant, while under the influence of alcohol 0.181% of the blood alcohol concentration on May 13:13, 2014, driven the said car and driven the road of the same Do as the one-lane in front of a food room store in the pushed-si in the pushed-si.

As above, the Defendant, while driving a motor vehicle under the influence of alcohol, caused the victim C (bee 24 years of age) her walked on the street on the front side of the string of the motor vehicle.

Although the Defendant suffered from a scopical scopical scopical scopty that requires treatment for about two weeks by occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) at the same time and place as above, driven the said leisure car B while under the influence of alcohol content of 0.181%.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report, a actual condition investigation report, and a diagnosis report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation report (application of suspect drinking level mark);

1. CCTV images and each photograph;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the suspect's same kind of power);

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the choice of punishment.

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