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(영문) 부산지방법원 2012.11.23 2011고단8332
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

On October 21, 201, the Defendant: (a) was a driver of the Ro-type taxi; (b) while under the influence of alcohol around 07:00 on October 21, 201, the Defendant driven the said taxi with a blood alcohol content of 0.166%; and (c) was negligent in violation of signal signals and left the left at a multi-section road in front of the road in Busan Seo-gu; and (d) was driven by the victim C (50 years old) who was driving at a multi-section area in accordance with the signal signal, and went to the left, the Defendant did not take necessary measures such as repair and maintenance of the damaged vehicle for about three weeks; (b) the victim C (57 years old) who was driving at the right-hand part of the said Do-type taxi to receive approximately two weeks medical treatment; (c) the victim E (57 years old); and (d) did not take necessary measures such as repair and maintenance of the damaged vehicle; and (d) did not 360% or more of the damaged vehicle.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. A written report from an employee of an employer;

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

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant has no criminal record of probation or heavier, and that damage seems to have been recovered as a substitute);

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