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(영문) 전주지방법원 2014.04.18 2014고단90
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above punishment shall be suspended for four years from the date of the final judgment.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Domain Vehicles) shall be engaged in driving Cirle Motor Vehicles;

On December 28, 2013, the Defendant driven the above vehicle on the 04:15th day of December 28, 2013, and was driven by the five-lane road in front of the Hanmsan Hospital located in the Hanmsan-gu, the Hanmsan-gu, the Hanmsan-gu, the Hanmsan-do, the Hanmsan-do, in order to prevent accidents, by using the five-lane road from the 4rd side of the tunnels, and the passage of people is frequent and at the night, so the Defendant was engaged in driving service, and therefore, was obliged to pay attention to prevent accidents by maintaining a clear mind, maintaining the right and the left,

Nevertheless, the Defendant neglected this and did not discover the victim D (n, 55 years of age) who was in the vicinity of the bend line while driving under the influence of alcohol as described in the following Paragraph 2, and did not discover the victim, but did not immediately stop and take necessary measures, such as aiding the victim, and then went away from the site, and the victim died due to the suspension of cardiopulmonary function during the course of transferring the victim to E hospital due to its shock.

Accordingly, the defendant, by the above occupational negligence, escaped from the traffic accident against the victim, and thereafter, the victim died due to the suspension of cardiopulmonary function.

2. Violation of the Road Traffic Act (F) was driven by the Defendant in the direction of approximately 700 meters away from the main road near the “F,” which the Defendant was operated by the Defendant located in the Yan-gu, Seoul Metropolitan City in front of the said Hanma-si to the front road in front of the said Hanma-gu, the Yansan Police Station in the Yan-gu, Seoul Special Metropolitan City to the front road in the front of the Yan-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the prosecutorial statement concerning G;

1. A report on detection of a host driver;

1. A corpse;

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