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(영문) 대구지방법원 2016.01.14 2015고단5507
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 3, 2015, the Defendant: (a) driven B rocketing motor vehicle with alcohol level of 0.134% during blood alcohol level by around 01:40, the Defendant neglected the duty to accurately operate the front stop and the steering and steering system in drinking condition; (b) destroyed the center by negligence in the course of driving the central line in the course of duty while neglecting the duty to accurately operate the front stop stop line and the steering and steering system at a speed of 80 km from the center of Pakistan Hospital at a large distance of 141-1 in the Daegu-gu Ganyang-gu, Daegu-gu; and (c) took the front end of the said part of the victim C (29 years old) with the opposite direction after driving D Don-gu, 141-1.

Ultimately, the Defendant, by occupational negligence, sustained injury to the above C, such as light salt and tensions that require approximately two weeks of medical treatment, and at the same time, destroyed the above spathirs, etc. after the car in the spath and escaped without taking necessary measures, such as providing relief to the damaged party by immediately stopping the center of the Daegu Dong-gu Dong Office, which is equivalent to KRW 1,60,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. Statement of the circumstances of the driver involved in driving;

1. A written diagnosis and written estimate;

1. Application of the Act and subordinate statutes for investigation report (Attachment of Blue Images and Images);

1. Article 5-3 subparag. 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), Articles 148 and 54(1) of the Traffic Act of each Road, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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