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(영문) 대구지방법원 포항지원 2016.01.27 2015고단1306
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

On October 28, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.104% during blood transfusions on October 28, 2015, and died of the two-lane road in the north-gu C at the port of port in the north-gu at the port of port, while driving the said vehicle on the side of the bathing beach in the north-gu at the port of port.

At the same time, there was a duty of care to ensure that a person engaged in driving on a lux road has a duty of care to refrain from driving the vehicle by accurately operating the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of alcohol and stopped after the above passenger vehicle due to the negligence of the Defendant, received the front part of the FNA Scoo-coo-si car driving by the victim E (29 ) with the lower part of the FNA Scoo-si driving.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and, at the same time, destroyed the above NA Scoo-gu car to be in excess of KRW 1,365,68, and escaped without taking measures, such as stopping and providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Written estimate;

1. A statement of the circumstances of the driver at the main place, a report on the detection of the driver at the main place, and a survey report on actual conditions;

1. The application of Acts and subordinate statutes (Attachment of a written inquiry about the results of crackdown on drinking driving);

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 (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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