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(영문) 대전지방법원 2018.05.10 2018고단787
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Punishment of the crime

On February 9, 2018, the Defendant was under the influence of alcohol by 0.148% during blood transfusions. On the roads of one-lane distance in front of the Sejong-gun Welfare Center, the Defendant driven a wing-in freight vehicle from occupational Type B to the head of the Gun/Gu office on the side of the welfare center, while driving the steering gear and brakes without accurately operating the steering gear and operating the steering gear at the front side of the Gun/Gu office. On the other hand, the Defendant was under the influence of alcohol by negligence, while driving the steering gear and operating the steering gear at the front side of the Gun/Gu office from the front side of the Gun to the front side of the cargo vehicle of the Defendant.

As a result, the Defendant suffered injury to the said victim, such as salt ties and tensions, which require approximately two weeks of medical treatment, due to the foregoing occupational negligence, and at the same time, the Defendant escaped without taking necessary measures, such as aiding the damaged party while destroying and damaging the said car to the extent that the sum of KRW 1,735,820, such as exchange of back text, was damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A traffic accident investigation report and an accident scene photograph;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. A written diagnosis and a written estimate of the cost of repairing insurance;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-3 subparag. 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) (a) of the Road Traffic Act, Articles 148 and 54(2)3 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 (a punishment prescribed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, and a violation of the Road Traffic Act, and a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier);

1. Selection of each sentence of imprisonment;

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

1. The Criminal Act for mitigation of quantity;

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