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(영문) 인천지방법원 부천지원 2014.06.11 2014고단481

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On January 30, 2014, at around 03:50, the Defendant is engaged in driving Crac vehicles. Around 03:50, the Defendant is driving the said vehicle while driving the said vehicle at a speed of 0.168 percent alcohol concentration, and driving the two-lane 1173 (173), from the direction of the Central Park at a speed of about 30 kilometers per hour, along the two-lanes, from the direction of the city park at a speed of about 30 kilometers per hour, while he is negligent in driving alcohol while driving the steering gear and brake system at the speed of the city at a speed of about 30 kilometers per hour, and was taking care of the victim D (ma, 52 years of age) who was getting a bicycle on the right side of the front of the said rac vehicle and got the victim to receive treatment at the GOcheon-do University Hospital due to climatic climatic surgery, external blood transfusion, etc.

2. Even though the death of a deceased person is caused by blood transfusion, cerebral species, etc., he/she was immediately stopped and did not take necessary measures, such as providing relief to the victim;

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition of traffic accidents;

1. A written report from an employee of an employer;

1. Each photograph (accident site, vehicle and black image);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the first offender with no record of crime, and even considering the fact that the Defendant has led to the instant crime, and the Defendant is covered by a comprehensive insurance policy, the instant case results in the death of the victim due to the following: (a) the Defendant caused a traffic accident while driving a car in a drinking state while driving the car; and (b) the Defendant has escaped as it is.