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(영문) 대구지방법원 2016.06.30 2016고단468
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with a low bid.

On January 22, 2016, the Defendant driven the said car with a alcohol level of 0.05% or more during blood transfusions around 21:28, and led to the flow of the national highway 67 lanes in front of the Nakdongsan elementary school located in the Sinbuk-gu, Pacific-gun, Pacific-gun, Pacific-do, by driving the said car at a speed of 0.05% or more, at the speed of about 70-80km from the dlebside to the Daegu bank.

A driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating, steering, and brakes.

Nevertheless, the Defendant neglected to use a mobile phone while under the influence of alcohol and neglected to drive it in the front of the road, and caused the victim E (55 ) who was driven prior to the same lane to be the front part of the above car driven by the Defendant, and led the Defendant to shock the central separation unit of the steel system by shacking the above car into the front part of the car driven by the Defendant.

As a result, the Defendant, by negligence in the above occupational field, killed the victim due to brain damage and internal organ damage caused by the dubation of two structural frames, etc. at the same time, the Defendant, while destroying the property equivalent to KRW 5,617,100 in total, such as the central repair cost of the car and national highways owned by the victim, did not take necessary measures such as providing relief to the injured party by stopping immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes governing traffic accident occurrence reports, each photograph (Evidence List 7, 10, and 16), a report on the detection of a primary driver, and the accident video CDs;

1. Article 5-3 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and death), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after damage of property).

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