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(영문) 대전지방법원 서산지원 2016.12.08 2016고단594

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

1. The punishment of the accused shall be three years;

2. Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc.) is a person engaging in driving a rocketing car.

On August 22, 2016, the Defendant driven the said car on August 22, 2016, and driven the said car at a speed of about 70 km from the border side to the Gohap-Eup along the speed of about 0.228% under the influence of alcohol level 0.28% of the blood alcohol level.

At the time, night and accident places are adjacent to restaurants, etc., where pedestrians may appear. As such, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes by reducing speed and accurately manipulating the steering direction and brakes by living well the right and the right and the right and the right of the driver.

Nevertheless, due to the negligence that the Defendant neglected it while under the influence of alcohol and proceeded along, the Defendant left the breath of the victim E (the 82-year-old age 82) facing the Defendant’s right side of the vehicle, and did not immediately stop the vehicle and take necessary measures such as providing rescue to the victim, and caused the victim to escape without any necessary measures, and then, the Defendant went back to the breathy comprehensive hospital located at the degree of 5-15, 5-15, in the vicinity of the Siljin-si in the direction of the vehicle of the Defendant.

2. Around 20:00 on August 22, 2016, the Defendant driven a C rocketing car under the influence of alcohol leveling 0.228% from the 4km section to the Defendant’s residence located in the Sin Jin-si, Sinjin-si at the Sinjin-si at the Sinjin-si, from the front of the restaurant at the Sin Jin-si, the Sin Jin-si at the 20:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. The actual survey report and on-site photographs;

1. A report on the actual state of the driver;

1. A death certificate;