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(영문) 대전지방법원 천안지원 2013.07.18 2013고단588

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant,

1. On May 18, 2013: Around 04:17, while under the influence of alcohol, Cro-vehicle was driven by 0.134% and the two-lanes in front of the distance of the wind engineer at Asan City, Asan City, would proceed along two-lanes from the surface of the front apartment at the surface of the front middle school. Since the front apartment is an intersection, the crosswalk and the signal are installed, the Defendant is engaged in driving service, and the Defendant has the duty of care to safely drive the road to prevent the traffic accident by checking pedestrians and checking the front left, while driving the road in violation of the front-down signal, and caused the victim D (n, 69 years old) who parked along the right side of the crosswalk pursuant to the new subparagraph to escape to the upper left side of the road without providing rescue and relief to the victim, and the victim was not able to escape to the same end on the same day as the victim immediately.

2. The above temporary car was driven by the vehicle C in the state of alcohol concentration of about 0.134%, while under the influence of alcohol leveling over about 4km in the section of approximately 4km from the road front of the Kasan-dong land Hasan-dong Busan Metropolitan City to the above accident point.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. The application of Acts and subordinate statutes to traffic accident reports, reports on detection of host drivers, accident sites, suspects, images of victims, etc., autopsy reports, autopsy reports, investigation reports, investigation reports (party investigation/CCTV Analysis and Investigation by Reporters), CCTV video data Acts and subordinate statutes;

1. 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 the negligence in the line of duty, the choice of limited imprisonment) on criminal facts, and Article 5-3 (1) 1 of the same Act