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(영문) 대전지방법원 2013.05.24 2013고단933
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 23, 2013, the Defendant: (a) driven a C white ready-light vehicle while under the influence of alcohol of about 0.103% of alcohol level on a section of approximately 2km from the Do in front of the Seo-gu Seo-gu Busan Special Metropolitan City (Seoul Special Metropolitan City) to the road near the Dong-dong Elementary School located in the same Gu.

2. A violation of the Aggravated Punishment, etc. of Specific Crimes (Doing) is a person who is engaged in driving a c white ready-light vehicle;

On February 23, 2013, at around 02:37, the Defendant driven the said vehicle with a blood alcohol level of 0.103%, and driven the said vehicle at a speed of 0.103%, and led the road in front of the Jin Advertisement Planning in Seo-gu, Daejeon, from the 4rd to the 4rd east-dong, along with one lane, the Defendant: (a) thoroughly ebbbbbbb from the 4rd east-gu; and (b) due to negligence when the Defendant neglected to take a duty of care in advance to prevent accidents by accurately operating the operation and steering devices; (c) while under the influence of alcohol, caused the victim D (71 years of age) to pushed the knbb in front of the said vehicle, and caused the victim to fall into the floor after he was faced with the head of the front of the said vehicle in front of the glass.

Ultimately, even though the Defendant was informed of the victim due to such occupational negligence, the Defendant, without immediately stopping the victim and taking necessary measures such as aiding the victim, went away as is, and caused the victim’s death by pressure on cerebral cerebral tension during the Daejeon-gu Hospital around March 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of each police officer made to F and G;

1. The actual condition survey report, the application of the Badmark, the master-H drivers' report, the appraisal report, the investigation report (Calculation of the blood alcohol concentration at the time of the accident), the inquiry report on the request for appraisal; and

1. A medical certificate or death certificate;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and the choice of punishment for the criminal facts;

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