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(영문) 대구지방법원 김천지원 2014.04.03 2013고단1406
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

At around 00:50 on August 26, 2013, the Defendant was negligent in performing duties while neglecting the duty of Jeoncheon-si in front of the passenger vehicle while driving a two-lane of 0.109% alcohol in the state of 0.109% under the influence of blood alcohol without obtaining a driver’s license, and neglecting the duty of Jeoncheon-si in the state of Kimcheon-si, Kimcheon-si, while driving a two-lane of rupture of 0.109% under the influence of alcohol in Kimcheon-si, the Defendant was on the job’s left side of the victim D (61) who walked on the crosswalk from the right side of the Defendant’s vehicle driving direction to the left side of the crosswalk.

Ultimately, the Defendant, by negligence in the above occupational negligence, suffered from a sacrife, etc. in need of medical treatment for about two weeks, and immediately stopped and escaped without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Statement made to D by the police;

1. E's statement of traffic accident-related person;

1. Traffic accident report, actual condition survey report, field photograph, report on the actual state of a driver, investigation report (with respect to the application of the Ba mark), and the register of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic 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;

1. From among concurrent crimes, the number of concurrent crimes provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes shall be the number of concurrent crimes resulting from a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the number of concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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