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(영문) 광주지방법원 2014.04.22 2014고단467
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 is a person who is engaged in the duty of driving the BS5 vehicle volume.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and Violation of the Road Traffic Act (Measures Taken after Accidents) were under the influence of around 22:15 on January 22, 201, the Defendant: (a) driven BSM5 motor vehicles as his duties; and (b) was driven by the victim C (the 40-year-old-year-old-old-old-old-old-old-ray-type-type-of-age-of-age-of-age-of-age-of-law-of-law-of-law-of-law-of-law-of-law-of-law-go (the 5-year-old-type-of-the-day-U-U-U-U-N-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

At the same time, the Defendant, by occupational negligence, sustained bodily injury to the above victim, such as catitiss, tensions, etc. requiring treatment for about two weeks, and at the same time, destroyed property to cover approximately KRW 1,133,046, such as the exchange of faters, and escaped without immediately stopping the property and without taking necessary measures, such as providing relief to the victim.

2. When the Defendant was under the influence of alcohol level of 0.076% at the above temporary border, the Defendant driven a vehicle of approximately one kilometer 1 kilometer from the 1 Do of 24-1 to the roads near the Cheongdong Apartment apartment in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C (Simplified traffic);

1. Application of Acts and subordinate statutes to a traffic accident report (1) (2) and a report on detection of a motor vehicle driver, written estimate, and written diagnosis;

1. Article applicable to criminal facts;

(a) The escape after the injury caused by occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Unnecessary measures: Articles 148 and 54 (1) of the Road Traffic Act;

(c) Drinking-driving: Article 148-2 (2) 3 of the Road Traffic Act;

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