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(영문) 창원지방법원 밀양지원 2013.10.17 2013고단385
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 B-Wood vehicle.

On July 13, 2013, the Defendant was under the influence of alcohol content of 0.231% without a driver’s license on July 15, 2013, while driving the said car without mandatory insurance, and became under the influence of the Defendant, at the entrance of the local swine State located in the local swine State, where the Defendant was in motion, to prevent the course from spreading at the entrance of the said car.

As above, the Defendant, without a driver’s license, driven by negligence while driving a vehicle without a driver’s license, led the victim C(39 years of age)’s driver’s seat even in the driver’s seat of the vehicle of the victim C(39 years of age) who driven at the right side of the vehicle of the defendant, to the right side of the back of the motor vehicle of the

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the said lele while destroying the said lele to the amount equivalent to KRW 562,118 for repair costs, and without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

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

1. Details of non-insurance and mandatory insurance inquiries (Records of evidence, 58 pages);

1. License inquiry (record 57 pages of evidence);

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) and (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, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act, Articles 46 (2) and 8 of the Automobile Accident Compensation Act, concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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