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(영문) 대구지방법원 2016.05.12 2016고단271
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 a period of 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 CM5 car.

On November 30, 2015, the Defendant driven the said car under the influence of alcohol content of 0.146 percent in blood at around 22:05, and led to the direction of the elementary school to be mobilized in the direction of the point in which the Defendant was charged with the Hano Samsung Samsung F&M, depending on one lane in front of the E in Daegu Suwon-gu D.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding with the Defendant, and received the back part of the victim F(31) driver’s G-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the Defendant suffered injury to brain-dead, etc., which requires medical treatment for about two weeks due to such occupational negligence, but did not immediately stop and take necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

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) 2 and Article 44 (1) of the Road Traffic Act, the choice of imprisonment with labor for each crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] / [the scope of the sentence] / [the scope of the recommended sentence] / the mitigation area (from June to October) (the special mitigation is made] of the mitigated area after traffic accidents.

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