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(영문) 대구지방법원 의성지원 2013.09.05 2013고단156
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

1. The defendant is a person engaged in driving a small-scale passenger vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 26, 2013, the Defendant was under the influence of alcohol with 0.145% of blood alcohol concentration around 02:05, and was under the influence of 0.145% of the Defendant’s blood alcohol content, and was under the influence of 1sto-ri-ri Gyeongbuk-ri, the Gyeong-ri-ri, the Gyeongbuk-si, the Gyeongbuk-si

At the time of the accident, the driver of the vehicle has a duty of care to accurately handle steering devices, etc. and to prevent accidents by performing his/her duty of care by performing his/her duty of care.

Nevertheless, the Defendant neglected this and failed to perform his duty at all times under the influence of alcohol, thereby obtaining the back portion of the victim C(59 years old) driving that was in the front of the Defendant’s vehicle from the front part of the Defendant’s vehicle. Accordingly, the Defendant escaped without taking measures such as providing rescue to the victim, such as providing rescue to the victim, who was under the influence of alcohol due to the negligence of failing to perform his duty at all times.

2. Around 01:50 on June 26, 2013, the Defendant driven a vehicle described in paragraph (1) while under the influence of alcohol with a blood alcohol concentration of about 0.145% from the 7km section to the 02:05 on the same day from the lodging place of the wedding farm located in the Sinbuk-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-myeon-gun, the Gyeong-

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a actual condition survey report, an accident-related photograph, a medical certificate, and a written estimate;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

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 (the point of escape after occupational injury and death), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act.

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