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(영문) 대구지방법원 서부지원 2016.08.26 2016고단951
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 25, 2016, the Defendant: (a) driven a C-do motor vehicle under the influence of alcohol content of approximately 0.143% at the section of about 15k alcohol level from the front of the P-gu Samdong-gu, Daegu to the spoke-dong-gu, Seogu, Daegu-gu, Seo-gu, to the spoke-dong-dong-dong-dong-gu.

2. On January 25, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Epicing Vehicles) driving the said franchise on or around 04:50, and led the Defendant to drive the said franchise along the two-lane road along the two-lane intersection of the distance distance radius from the two-lanes park to the four-lane radius from the three-lane radius from the four-lane bank in the Daegu Seo-gu.

In such cases, the driver of a motor vehicle has a duty of care to prevent the traffic accident in advance by observing the speed limit, checking the right and the right of the front and the right and the right of the road, and continuing the course.

Nevertheless, the Defendant, while driving at a speed of about 104 km per hour on the road at a speed of about 60 km per hour while driving the road at a speed of about 60 km per hour, was negligent in driving on the right side and the right side of the victim D (D, 27 years old) who crosses the right side from the left side of the Defendant’s running direction to the right side of the road and went beyond the damaged person on the road.

Ultimately, even though the Defendant was negligent in the above occupational negligence, i.e., causing the death of the victim due to a diversity damage and two external wounds, the Defendant immediately stopped and escaped without taking measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E, F, G, and H;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to dead bodies;

1. Article 5-3 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (the term imprisonment with labor)

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