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(영문) 광주지방법원 2014.05.28 2014고단1213

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The punishment of the accused shall be determined by six years of imprisonment.

Reasons

Punishment of the crime

On April 3, 2014, the Defendant is a person engaging in driving of Cracing vehicles. On April 3, 2014, at around 02:05, the Defendant driven the above passenger car under the influence of alcohol content 0.143%. On the other hand, at night and at night, at a crosswalk where signal lights are installed, the Defendant has a duty of care to reduce the speed of the driver, ensure a smooth operation of the vehicle, and prevent the accident in advance by driving the vehicle safely in accordance with the new signals, and instead, by neglecting the duty of care to prevent the occurrence of the accident, the Defendant, while driving the above passenger car at the right right side of the above passenger car in accordance with the new signals from the right side of the above passenger car, led the victim to the death of the above passenger, making the victim go beyond the victim’s upper part of the front part of the above passenger car, and made the victim go beyond the victim’s wheel, and made the victim go beyond the victim’s wheel and rear the above qui to the front side of the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police protocol against E, F, and G;

1. Descriptions of a report on detection of a host driver;

1. Application of Acts and subordinate statutes to entries in a corpse inspection report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of escape after occupational negligence resulting in death: Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) The point of drinking under the judgment: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. [Article 37] and Article 38(1)2]