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(영문) 대구지방법원 김천지원 2013.07.18 2013고단503
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

The Defendant, at around 06:40 on March 19, 2013, driven a Cknife car with a business of 0.080% alcohol concentration at a 0.080% alcohol concentration, and proceeded back to the next two-lane of the biochemical production facility in the Gu-U.S., Gosi-si, Gosi-si, from the right side of the Eknife at the right side of the said knife, the Defendant was driven by the victim D (the age of 50) who driven by negligence in the course of duty driving with the central line while neglecting the duty of the front line, and was driven by the victim D (the age of 50) who driven at the same lane as that of the said car.

Ultimately, the Defendant, by such occupational negligence, immediately stopped the victim D, and escaped without taking necessary measures, such as aiding and abetting the victims, even though the victim F (55 years of age) who boarded the said Lone Star Co., Ltd., suffered approximately 6 weeks of treatment, and at the same time, damaged the aforementioned victim D’s car repair cost amounting to approximately KRW 2,80,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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) 3 and 44 (1) of the Road Traffic Act concerning the crime at issue;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes) and Article 50 of the Road Traffic Act (Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 40 of the Road Traffic Act

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