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(영문) 대전지방법원 공주지원 2013.09.13 2013고단153
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

1. Around 23:10 on May 19, 2013, the Defendant driven a C Mtz car under the influence of alcohol content of about 0.116% at a section of about 6 km from the front of the lock cafeteria cafeteria, which is located in the middle-dong of the public zone, to the front road of the lock 2nd apartment complex located in the same city of the city of the same city, from May 19, 2013.

2. The Defendant is a person engaging in driving a marina car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 19, 2013, the Defendant driven the above car at around 23:10, and led the front road of the Jeju 2nd apartment complex located in the Yaju-si, the Yaju-si, the Yaju-si, the Yaju-si, the Gaju-si, the Gamen-si, the Ga

Since the place has a crosswalk where a signal, etc. is installed, there was a duty of care to prevent pedestrians from crossing or from causing any danger by safely operating the front left and right in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant received the victim D (the age of 16) who was crossing the crosswalk from the shot 2nd apartment complex on the side of the mawsong Apartment apartment, in accordance with green pedestrian signal, due to the negligence of violating the signal and driving the red signal as it is.

Ultimately, the Defendant, by occupational negligence above, caused the death of the victim from the workplace to the low-blood shock, and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident occurrence report, a situation report, and a traffic accident report;

1. A report on detection of drivers, investigation report, and a statement on the driver's situation;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3(1)1 of the Criminal Act concerning criminal facts and the choice of punishment.

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