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(영문) 대구지방법원 김천지원 2013.09.05 2013고단775
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

At around 21:20 on May 23, 2013, the Defendant: (a) driven a blood alcohol concentration of 0.161% on the belte with the Defendant’s blood alcohol content at around 21:20, and (b) proceeded one way in front of 213-1 (Yeong-dong Village), Kimcheon-si, Acheon-si, Acheon-si, Kimcheon-si, into Kimcheon-si Kimcheon-si, the Defendant was negligent in performing the duty of Jeoncheon-si in the state of Jeoncheon-si; (c) was found to have been in part on the part of the injured party C (52 years) driveed by the victim C (52 years), who was directly under the jurisdiction of the Republic of Korea in the area of Kimcheon-si, facing the central line while neglecting the duty of Jeoncheon-si in the state of Jeoncheon-si, and went into the left-hand part of the Defendant’s vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as the left-hand shoulder, tensions, etc. requiring treatment for about two weeks, and at the same time, escaped without taking necessary measures such as providing relief to the victim, etc., even though the Defendant damaged the 115,720 won of the repair cost, such as the exchange of the left-hand clicks of the said new EFMM and other automobiles owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a actual condition investigation report, and on-site photographs;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, of which

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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