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(영문) 대전지방법원 홍성지원 2014.02.21 2013고단1014
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 driving a rocketing car.

On November 23:24, 2013, the Defendant driven the said car and was under the influence of alcohol by 0.092% of alcohol concentration, and was under the influence of 0.092% of the blood alcohol concentration, and was under the influence of the Defendant’s operation of the road in front of the Kim Handong-gun budget Eup in the Chungcheongnamnam-gun budget, as the budget discharge from the west apartment room.

At night, in such cases, a person engaged in the driving of motor vehicles has a duty of care to prevent accidents in advance, such as paying attention to the driving of other motor vehicles or pedestrians, and accurately manipulating the brakes and steering gear.

Nevertheless, the defendant neglected to do so and led the victim D(the age of 51) to the front part of the said car.

Ultimately, even though the Defendant had the victim suffer from an injury to the salt, tension, etc. in need of medical treatment for about two weeks due to occupational negligence above, the Defendant immediately stopped and escaped without taking necessary measures, such as providing assistance to casualties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of statement by the police about D (Simplified traffic);

1. A traffic accident report and a traffic accident report;

1. Report on detection of a host driver (A) and circumstantial statement of a host driver;

1. Reports on internal accidents (specifics of accident drivers and accident vehicles, measurement of drinking, etc.);

1. Investigation reports (demark);

1. A general medical certificate (D);

1. Application of statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the crime (the point of driving sound and the choice of imprisonment)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes)]

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