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(영문) 대구지방법원 안동지원 2013.11.19 2013고단494
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 21, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Dangerous Driving Death or Injury resulting from Dangerous Driving) in the Daegu District Court's Support on February 21, 2013, and such sentence becomes final and conclusive on March

The defendant is a person who is engaged in driving a Csch Rexton car.

1. On September 14, 2013, the Defendant driven the said vehicle under the influence of alcohol without a driver’s license on September 23, 2013, and continued the intersection of the water-supply facility entrance into the upstream of the road at the same time and at the same time at the same time, from the upstream of the road at the same time.

A person engaged in driving of a motor vehicle has a duty of care to safely proceed with the operation of the motor vehicle by taking the front side and the left side well.

Nevertheless, the Defendant neglected to do so and neglected to observe it and received the front part of the Defendant’s vehicle, following the Defendant’s vehicle in the victim D (the 42-year-old vehicle) drive E, which was in the atmosphere of signal by negligence, and then received the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as salt and tension, which requires treatment for 10 days due to such occupational negligence, and at the same time, destroyed the repair cost equivalent to KRW 4,639,00, such as replacement of the damaged vehicle following the vehicle, and escaped without immediately stopping the vehicle and taking other measures, such as providing relief to the victim.

2. On September 14, 2013, at around 23:58, the Defendant: (a) was arrested in the act of driving the said vehicle under the influence of alcohol as prescribed in paragraph (1) at a G police box located in Ansan-si F on the ground that he had driven the said vehicle under the influence of alcohol; (b) there were reasonable grounds to recognize that the Defendant driven the vehicle under the influence of alcohol, such as drinking and smelling it to the Defendant from the slope H affiliated with the G police box in the Ansan-dong Police Station; and (c) was demanded to comply with the measurement of alcohol by inserting the whole b0 minutes of the alcohol measuring instrument.

Nevertheless, the defendant put in a drinking-free measuring instrument.

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