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(영문) 수원지방법원 평택지원 2013.05.29 2013고합24
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

The defendant is a person who is engaged in driving a C car.

On January 30, 2013, when the Defendant was under the influence of alcohol at 0.081% of blood alcohol concentration, the Defendant was driven by the vehicle in front of the Defendant’s vehicle to load the vehicle behind the victim D (the age of 51) driving on the same lane due to negligence while neglecting the duty of Jeonju City, while driving the said vehicle on the road near the Western Station located in Pyeongtaek-si Seo-si and driving from the Western Station to the coal basin.

As a result, while driving under the influence of alcohol, the Defendant got injured to the victim by the occupational negligence of the above three-day medical treatment, and, at the same time, escaped without immediately stopping and taking necessary measures, such as aiding and abetting the victim, even though the repair cost, such as the replacement of flaps, was damaged by the victim’s car to cover approximately KRW 1,239,795.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident investigation report, a traffic accident occurrence report, and a report on the detection of a driver;

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”), 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;

1. Crimes of Articles 40 and 50 (Punishments on Crimes of Violation of Special Treatment Act and Violation of the Road Traffic Act (Non-accidented Measures), and punishment on Crimes of Violation of Special Treatment Act with heavier special punishment);

1. Selection of each sentence of imprisonment;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Violation of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act by aggravation of concurrent crimes (the punishment shall be more severe)

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