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(영문) 창원지방법원 2014.09.26 2014고단1307
특정범죄가중처벌등에관한법률위반(도주차량)등
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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

The defendant is a person who is engaged in driving a CM5 car.

On April 6, 2014, at around 23:50, the Defendant driven the said car while under the influence of alcohol with 0.227% of blood alcohol level 0.27%, and turned it back to the outer air from the opening of the Kim Sea to the outer air level, depending on the five lanes of the two-lanes adjacent to the front side of the lower side in the Kimhae-si, Kimhae-si.

At night, the defendant engaged in driving of a motor vehicle is at night, so the victim D(33 years old) who was bypassing from the fourth lane to the same side of the motor vehicle due to the negligence on the part of the victim D(33 years old) who was driving a motor vehicle while under the influence of alcohol while neglecting his/her duty of care to drive a motor vehicle in a safe manner by thoroughly and observing the motor vehicle line.

As a result, the Defendant suffered from the victim D and the victim F (the 24 years old), who is the passenger of the above damaged vehicle, each of the above occupational negligence, the injury of light salt, etc. requiring medical treatment for about three weeks, and at the same time, the Defendant did not immediately stop the above rocketing car so that it would amount to approximately KRW 3,028,934, and escape without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 2-7, 10-14, 17, and 21 to the evidence list submitted by the prosecution

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

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