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(영문) 대구지방법원 김천지원 2013.04.18 2013고단52
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

At around 21:55 on December 18, 2012, the Defendant: (a) driven a CNFwork-type car with a blood alcohol content of 0.188% while driving the CNFwork-type car, and going to the upper-speed speed from the restaurant located in the emulscopic road of the emulscopic city; (b) was negligent in the course of performing duties, while neglecting the duty of front-time watch in the state of emulscoping; (c) was driven by the victim D (51 years old) driving in the front part of the instant NFst or other car, which was in the direction of the Defendant’s direction, while driving the eNFst or other car at the speed of the Defendant’s direction.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as catum salt, etc. requiring treatment for about two weeks, and suffered injury to the victim FF (28 years of age) who was on the back seat of the said taxi, such as satisfe salt, etc. requiring treatment for about three weeks, and at the same time, escaped without taking necessary measures, such as immediately stopping the 448,433 costs of repairing the said taxi owned by the victim D, while destroying the 48,433 costs of repairing the said taxi, etc. and stopping the said taxi, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, on-site photographs, actual condition survey report, and on-site photographs;

1. Report on the statement of the situation of a drinking driver, report on detection of a drinking driver, and inquiry into the results of the crackdown on drinking;

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, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime at issue;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes) and Article 50 of the Road Traffic Act (Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes) are against the victim F with the largest penalty

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