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(영문) 춘천지방법원 원주지원 2014.01.28 2013고단699

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant

A Imprisonment with prison labor for six years, and for one year, for Defendant B.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicles) is a person engaging in driving G X-ray cars.

On October 3, 2013, the Defendant driven the said car from 02:45 to 02:55, and led the I ahead of the road in H at the original city to the right side of H from H.

At night and at that time, the victim J (24 years of age) is prone to the right side of the front side at that time, so there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving service and accurately manipulating the steering gear and operating the steering gear with a well-being of the victim.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and proceeded without reducing the speed, and then discovered the victim who was walking on the right side of the road, and did not stop immediately, and received the victim from the right part of the Defendant’s right part.

Ultimately, the Defendant, due to the above occupational negligence, escaped without taking necessary measures, such as aiding the victim, even though he/she caused the death of the victim in a swimming forest adjacent to the said diversday due to damage to his/her head and her neck, etc.

B. The Defendant was aware of the destruction of evidence that the said accident was likely to occur, and the Defendant was able to eliminate evidence unfavorable to the Defendant.

On October 3, 2013, the Defendant stated, at the Defendant’s accommodation located in K Apartment at K Apartment at Won-si around 20:00, that “If the vehicle is repaired in the original city at present, it would be the shot of leaving the accident and leaving the vehicle out of flight,” and the Defendant stated, “If the vehicle is repaired in the original city at present, it would be the shot of flying the vehicle from the side of the tent known to the inside of the Republic of Korea to the inside of Korea, there would be a request for the repair of the vehicle, and if the fact of leaving in the ceiling is discovered, it would be changed to the statement that the vehicle is left in the ceiling, knowing the place where the vehicle is stored in the ceiling, and if so, it would be the evidence of the traffic accident.