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(영문) 제주지방법원 2013.05.24 2013고단451

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

On April 4, 2013, the Defendant was under the influence of 0.224% of blood alcohol concentration at around 20:59, and the Defendant driven a c-wing and freight vehicle with C-wing and driving at the same direction as the Defendant’s vehicle, while driving the 300-meter road, which is located at the 1stm of Chocheon-gu, Chocheon-gun at Jeju, into an excessive mountain area, at the upstream. At night, at night, the said road is in contact with the neighboring village, and there is a person who is still in contact with the nearby village. Therefore, even if the Defendant had a duty of care to safely examine and drive the said road, the Defendant did not neglect the victim’s Do (46 years old) who walked at the edge of the said road in the same direction as the Defendant’s vehicle, died at the front wheeler of the vehicle and the front glass part thereof, and did not immediately stop the road and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. As to the Defendant’s assertion against the Defendant’s report on detection of a driver, traffic accident report (actual fact report), death diagnosis report, victim’s photograph, photograph (Evidence No. 13), and drilling report (Evidence No. 13), the Defendant alleged that he was unaware of what was the vehicle at the time of the accident, but did not know of whether he was a person because he was a person because he was frighten, although he was frighted to what was the vehicle at the time of the accident. However, considering the degree of damage of Defendant’s glass, which can be known by the evidence (Evidence No. 86,87 photo of the investigative record), and the location and height of the glass window, it can be deemed that the Defendant was aware of the fact that the Defendant

The above argument cannot be accepted.

Application of Statutes

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment: Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after death) and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking run). As to the violation of the Act on the Aggravated Punishment,