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(영문) 창원지방법원 2013.09.24 2013고단1937

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car Ci30.

1. Around 04:45 on July 5, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle) and the Road Traffic Act (driving Vehicle) with respect to the victim D, while under the influence of alcohol of 0.073% of the blood alcohol concentration, the first middle ginseng distance in the Jinhae-gu, Jinhae-gu, Changwon-si, in the direction of the middle market3-lane, led to a speed of about 60km along the middle three-lane in the direction of the solar ginseng distance from the middle market direction.

At the time, it was night and rained, and there was a three-distance at the crosswalk, so there was a duty of care to prevent accidents by driving safely after checking whether or not there was a person driving a motor vehicle, who is engaged in driving a motor vehicle, by reducing speed and checking well the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and found the victim D (the age of 54) who opened the crosswalk on the right side of the defendant's running direction at the right side by his negligence, and applied the hand to the left side to avoid this. However, the defendant did not avoid it and had the victim go beyond the ground by receiving the victim from the front side of the motor vehicle of the defendant.

Ultimately, even though the Defendant caused the death of the victim due to the above occupational negligence, it was immediately stopped and escaped without taking necessary measures.

2. Around 05:00 on the same day as in the preceding paragraph, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc. of Victims) against the victim E, and the Defendant, at around 05:00, escaped in the state of alcohol after a traffic accident, led the victim to bypassing the distance of energy science park and park that is moving

Since this is a road where a central line is installed, a person who is engaged in driving of a motor vehicle.