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(영문) 대전지방법원 2015.05.20 2015고단865
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

The Defendant is a person who is engaged in the operation of C Launa car.

On February 13, 2015, at around 3:10, the Defendant: (a) driven the said rocketing car with the blood alcohol concentration of 0.158 percent, and came to five lanes in front of the oil station located in Daejeon Dong-gu, Daejeon, and proceeded at a speed of about 70 kilometers per hour at a speed of about 70 kilometers depending on the same side of the winter-distance distance. (b) On February 13, 2015, the Defendant was driven by the victim F (36 years old) driving along the two-lane opposite to that of the Defendant’s driver, while driving the said rocketing car at a speed of about 70 kilometers in front of the oil station located in Daejeon Dong-gu, Daejeon.

The Defendant, by these occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and at the same time, escaped without immediately stopping the scam so as to make the 1,91,478 won of the repair cost of the scam, and without taking necessary measures for the occurrence of a traffic accident, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual survey report and the accident site photograph;

1. Report on detection of, and circumstantial statement to, a host driver;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 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) of the Road Traffic Act, Articles 148-2 (2) 2 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;

1. Selection of punishment: Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the long-term punishment for the crimes of the above two types];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Consideration, agreement, comprehensive insurance coverage, degree of damage, etc.);

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