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(영문) 대구지방법원 2016.10.20 2016고단3553
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

A defendant shall be punished by imprisonment for three years.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death Caused by Escape) is a person engaged in driving CM5 cars.

On July 27, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.05% 0.05% around July 27, 2016, and continued two-lanes in front of the Mountain 119 Safety Center located in the Daegu Northern-gu Mountain-dong, according to two-lanes from the industrial irrigation room to the Cstststco Daegu located in the industrial irrigation room.

The location has a crosswalk installed in the front section, and the victim D (the age of 70) was crossing the above crosswalk, so there was a duty of care to safely drive the driver, such as checking whether there is a person who gets on a road by reducing speed and checking well the right and the right and the right of the driver.

Nevertheless, the Defendant did not discover the above victim who was crossing the crosswalk to the right side from the left side of the running direction of the Defendant’s vehicle while driving the crosswalk as it is, under the influence of alcohol, and had the above victim go beyond the ground under the front side of the Defendant’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, did not immediately stop and escape from the E Hospital located in Daegu Dong-gu in around 07:50 on the same day, resulting in the death of severe cerebral cerebral injury and damage to the state caused by traffic accidents, but did not take measures such as aiding and abetting the said victim.

2. The Defendant, while under the influence of alcohol by 0.05% at the time and border specified in paragraph (1), driven a vehicle described in paragraph (1) of a quantity of approximately 2 km from the road near the large city located in the mountain-dong in Daegu-gu, Busan to the parking lot located in the same Gu, via the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

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

1. Stib around the scene of the investigation report;

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