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(영문) 의정부지방법원 고양지원 2014.07.04 2014고단827
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving DM5 vehicles as his duties.

On January 28, 2014, at around 23:42, the Defendant driven the above vehicle under the influence of alcohol by 0.130%, and 752-2 freedom at the Goyang-gu, Seoyang-gu, Seoyang-gu, Seoul, the Defendant driven the above vehicle at the same three-lanes of way among the three-lanes.

In such a case, despite the duty of care to drive safely by living well on the front side and the left side of the vehicle, the driver, while driving a motor vehicle in the direction of the three-lanes while driving the motor vehicle in the direction of the right side of the three-lanes of the above three-lanes, due to the negligence of driving the motor vehicle while driving the motor vehicle in the direction of the three-lanes, the victim E (54 years old) who is considered to be melting the side after a taxi stopped on the side side of the above three-lanes of the motor vehicle of the defendant's driver's vehicle, was shocked into the front part of the motor vehicle of the victim's F(5

Ultimately, the Defendant caused the victim E’s death by occupational negligence on January 29, 2014 at around 00:10 of the face, etc.; caused the victim F to suffer bodily injury, such as salt, tension, etc. in a climatic clif, which requires treatment for about three weeks; and at the same time, did not take necessary measures, such as destroying the damaged taxi to cover approximately KRW 9,241,657, and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to F and H;

1. A written report and notice of completion of correction of an entry driver;

1. Investigation report (Application of the Ba mark);

1. A death certificate and a medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to each accident site photograph;

1. Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and Article 268 of the Road Traffic Act.

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