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(영문) 인천지방법원 2013.11.14 2013고단4524
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 11:40 on July 12, 2013, the Defendant was under the influence of alcohol with 0.337% of blood alcohol concentration. Around 11:40, the Defendant driven a ecoo vehicle B, and was driving a ecoo vehicle around the Taenam High School located in Seo-gu Incheon, Seo-gu, Incheon, to turn to the right from the front side of the above school. The Defendant was negligent in violating the signal and proceeded to the left, and the Defendant did not immediately flee and stop the DPoter vehicle on the front side of the Dpoter truck driven by the victim C (57 years old) who was directly driving from the right edge of the said vehicle to the right edge of the car, and caused the victim to suffer the injury, such as light oil, etc. in need of treatment for about two weeks, while making it possible to repair the said cargo vehicle and make it 6,647,086 won, but did not immediately flee and take necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual condition survey report, each field and vehicle photograph;

1. A circumstantial report on, and a report on detection of, a host driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. The point of escape after an injury resulting from occupational negligence due to the pertinent legal traffic for the crime: The point of taking measures not to be taken after an accident under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: The point of drinking under Articles 148 and 54 (1) of the Road Traffic Act: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Aggravated Punishment, etc. of Specific Crimes Act and a crime of violation of the Road Traffic Act due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Selection of imprisonment with prison labor chosen;

1. From among concurrent crimes, the punishment shall be aggravated within the scope of the punishment calculated by adding up the maximum term of two crimes prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, to the punishment prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal

1. A suspended sentence of Article 62(1) of the Criminal Act shall be the same criminal records for the last ten years or more;

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