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(영문) 창원지방법원 2016.05.03 2016고단394
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

Criminal facts

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Violation of Road Traffic Act (A measure after an accident) was a person who is engaged in driving of DNA driver vehicles, and the Defendant, on December 3, 2015, committed negligence by disregarding and proceeding the traffic signal in front of the F fixed range and the front distance in Kimhae-si, Kimhae-si on December 3, 2015, and by neglecting it, did not take measures, such as aiding and abetting the victim G (48 years old) who was under his/her right line from the left side of the Defendant’s proceeding to drive under his/her new name on the right side at the time of the occurrence of the victim G (48 years old) who was driving under his/her direction. By taking the front side of the DNA driver vehicle and making the said DNA driver vehicles go ahead with the above part, thereby incurring about three weeks of snow in need of medical treatment, and at the same time, did not immediately destroy the said DV vehicle and stop.

2. On December 3, 2015, the Defendant, while under the influence of alcohol by 0.124% from blood alcohol during the blood transfusion on December 23:26, 2015, driven DN-si vehicles at the section of approximately 3.86 km from the 3.86km to the front road of the oil station located in the city of Kimhae-si in the city of Kimhae-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. A written statement of the G production;

1. A survey report on actual conditions;

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

1. Each written diagnosis;

1. A medical records;

1. A internal investigation report (affixing CD images);

1. A report on investigation (the confirmation of the victim's intention not to impose criminal punishment or injury);

1. The photograph defense counsel asserts to the effect that he denies the fact of injury, but in full view of the form and degree of the accident known in the CD image containing the face of the accident, the victim’s diagnosis and the contents of the medical record, etc., the victim at the time is clearly recognized as having suffered injury that requires relief, such as as recorded in the facts charged.

Application of Statutes

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Act regarding criminal facts.

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