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(영문) 대구지방법원 김천지원 2013.10.31 2013고단1132
특정범죄가중처벌등에관한법률위반(도주차량)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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 7, 2008, the Defendant was punished for the violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon Branch of the Daegu District Court on the summary order of KRW 700,000 as a violation of the Road Traffic Act (driving). On August 31, 2010, the Defendant was sentenced to a summary order of KRW 1 million as a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch of the Daegu District Court on August 31, 2010.

【Criminal Facts】

At around 05:00 on August 24, 2013, the Defendant: (a) driven a Crocketing car with a blood alcohol content of 0.063% while driving it, and (b) left three-lanes in front of the “Scong River in the mouth in the Gu and Si/Gu; (c) while neglecting the duty of Jeonju in the state of drinking, and neglecting the duty of Jeonju in the state of drinking, and driving the victim D(47 years old) driven in the front part of the right side of the said car, the Defendant received the front part of the said car.

Ultimately, around August 24, 2013, around 06:42 on August 24, 2013, the Defendant: (a) by occupational negligence caused the death of the victim due to diversities, etc. at the E Hospital; (b) at the same time, the Defendant immediately stopped the bicycle owned by the victim, and escaped without taking necessary measures, such as providing relief to the victim, even

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident report, and on-site photographs;

1. A corpse inspection report (D);

1. Report on detection of the driver from the driver, report on the circumstances of the driver from the driver, investigation report (applicable with respect to the application of the suspect mark formula and the case of drinking);

1. Previous for judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports and investigation reports (Attachment of a copy of summary order);

1. After destroying and damaging things under Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning criminal facts.

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