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(영문) 의정부지방법원 고양지원 2016.07.13 2016고단953
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

On December 6, 2015, the Defendant driven Cpoter cargo vehicles with alcohol content of 0.181% in the blood transfusion around 01:20 on December 6, 2015, and operated the front distance of the New Cpool department store in the Dong-gu Busan Metropolitan City, Manyang-si.

At the time, there is an intersection where signal lights are installed at night and at the front, so the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving by checking the condition of the vehicle in the signal waiting in good condition.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in failing to properly operate the steering gear and steering gear, and was under the influence of the victim D (64 ) Haysta taxi, while waiting to the right side of the Defendant’s driving cargo.

As a result, the Defendant suffered injury to the victim for about two weeks of medical treatment due to the foregoing occupational negligence, and at the same time, the Defendant destroyed the above taxi to the extent of 621,905 won, such as repair expenses for the panion, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the detection of a primary driver;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1), 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment. Article 50 (Selection of Imprisonment);

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing being taken into account during the period of probation) (the grounds for sentencing) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the scope of recommended punishment in accordance with the sentencing guidelines for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) is the basic area of escape after traffic injury.

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