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(영문) 대구지방법원 포항지원 2015.10.22 2015고단574
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

1. On February 16, 2012, the Defendant was sentenced to a fine of seven million won at the Daegu District Court on July 4, 2013 as a crime of violation of the Road Traffic Act by a fine of seven million won at the Daegu District Court on July 4, 2013.

On July 2, 2015, the Defendant, without obtaining a driver’s license at around 01:02, driven a Maz car at approximately 1 km section from the 1km to the front road located in the Central High School located in the same Gu-dong-dong-dong-dong, due to the influence of alcohol by at least 0.143% of 0.143% of alcohol level.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) committed an act of occupational negligence in which he was negligent in drinking while driving a math car on the front of the Central High School and changing the two-lane from the first to the second two-lane, and instead, did not take necessary measures such as aiding and abetting the victim, who was in the atmosphere signaled at the second-lane of the said road, with the part above the Defendant’s front gate part of the Estststy-in taxi driving, and caused the victim to suffer light infection for about two weeks in need of medical treatment, and did not take necessary measures such as aiding and abetting the other victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver and a report on the fact-finding statement of the host driver;

1. Driver's license register;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal records, investigation report (the latest criminal records and criminal facts of a suspect), and statutes;

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

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