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(영문) 인천지방법원 2013.06.27 2013고단1408
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 03, 2013, while under the influence of alcohol 08:44% of blood alcohol content, the Defendant driven BS7 car volume at 0.057%, and driven two lanes in front of the “Y7-dong of Gyeyang-gu Incheon Metropolitan City, Egynam-do,” located in 73 Egynam-gu, Gyeyang-gu, Incheon Metropolitan City, along one-lane, “Accounting ginseng” side from the “gym distance,” the Defendant did not take necessary measures such as rescueing the victim, who was negligent in neglecting the operation, etc. of the dDama-gu, Jeonju-si and Jeju-do, under the influence of alcohol. At the same time, the Defendant: (a) caused the injury to the victim, such as salt and tension, etc. in need of treatment for about three weeks in the front part of the Defendant’s driver’s vehicle; and (b) at the same time, the damaged vehicle was destroyed by the repair cost of 4,490,190 won; and (c) did not immediately stop it.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding report, report on the occurrence of a traffic accident, and each photograph;

1. Report on circumstantial statements of a host driver, report on detection of a host driver, and investigation report (based calculation on the Tramark formula);

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

1. The point of escape after an injury resulting from occupational negligence due to the pertinent legal traffic for the crime: The point of taking measures not to be taken after an accident under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: The point of drinking under Articles 148 and 54 (1) of the Road Traffic Act: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Detailed Crimes Aggravated Punishment, etc. of Specific Crimes Act (Aggravated Punishment, etc. of Specific Crimes Act and a punishment provided for a violation of the Road Traffic Act due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a non-measures after an accident

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes shall be aggravated for concurrent crimes, and the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, shall be aggravated for two crimes.

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