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(영문) 대구지방법원 김천지원 2013.04.17 2013고단157
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 1, 2013, when the Defendant driven a blood alcohol level of 0.184% as he was under the influence of the Defendant on January 1, 2013 as his work, and turn to the department store of the Defendant, the Defendant was under the influence of 0.184%, and was under the influence of the vehicle B in front of the terminal negative distance in the Gu-U.S.-U.S. Pursuant to the Osung model, the Defendant was under the influence of the victim C (the 50-year-old driver’s seat in the driving of the vehicle of the victim C (the 50-year-old driver’s seat in the driver’s seat in the driver’s seat of the vehicle of the victim C (the 50-year-old driver’s seat in the driver’s seat in the driver’s seat of the vehicle of the Gu-U.S.) due to the occupational negligence of the Defendant

As a result, the Defendant suffered injury, such as salt fat, etc., to the victim for about two weeks of medical treatment due to the above occupational negligence, and at the same time, the Defendant escaped without immediately stopping the said Bosch Rexton car to take necessary measures, such as providing relief to the victim, even though it damages the 1,071,04 won for repairing costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident occurrence report;

1. A written report from an employee of an employer;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 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) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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