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(영문) 대구지방법원 김천지원 2013.09.12 2013고단829
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

On April 18, 2013, when the Defendant driven a B-low-income vehicle with a blood alcohol concentration of 0.175% as a result of the service on April 23, 2013, while driving the B-low-income vehicle at the speed of 0.175% and driving the two-lane from the 3-lane of the Hancheon-gu Hospital shooting distance in the direction of the Hancheon-gu Hospital, the Defendant neglected to perform the duty of Jeoncheon-si care in a drinking state, while driving the vehicle in violation of the signal while neglecting the duty of Jeoncheon-gu Hospital shooting, the Defendant got the victim C (W, 52 years old), the victim D (54 years old), and the victim E (29 years old) to go beyond the road of the victims, respectively.

Ultimately, the Defendant, by the foregoing occupational negligence, escaped without taking necessary measures, such as immediately stopping the victim E and providing rescue to the victim, by causing the victim C a bodily injury on the part of the side part of the family in need of a medical treatment for about six weeks; taking approximately two weeks of medical treatment to the victim D; and taking on the part of the shoulder, which requires approximately two weeks of medical treatment to the victim E; and taking on the part of the victim E, the Defendant escaped without any necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, on-site photograph, traffic accident report, on-site photograph, etc.;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed by the pertinent Article of the relevant Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims C with the largest offense, and a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against other Crimes of violation

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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