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(영문) 대구지방법원 2015.09.17 2015고단2211
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

The defendant is a person who is engaged in driving a C low-est car.

On May 19, 2015, the Defendant driven the said car under the influence of alcohol of 0.109% in blood alcohol concentration on May 19, 2015, and led the said car to proceed to approximately 90 kilometers per hour from the Newcheon B to the hydrologic slope.

At the time, the front door was kept at night, and the defendant was changed rapidly from the second lane to the third lane in order to overtake the cargo vehicle in transit, so in such a case, the person engaged in driving service had a duty of care to live well in the front door and to proceed at a safe speed and in a safe manner.

Nevertheless, under the influence of alcohol, the Defendant stopped in three lanes by negligence while changing the lane from the two lanes to the three lanes, and did not discover the victim G (the age of 46) who opened the Fchip car driver's seat in the three lanes, and did not find the fchip car in the front part of the Defendant's driver's car.

Ultimately, the Defendant, due to the above occupational negligence, caused the death of the victim at the right frame, etc., and at the same time, did not stop the car to damage approximately KRW 2,382,718 to repair cost, and escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Each legal statement of the defendant and witness H in part;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement made to I and J;

1. Written estimate for checking and maintaining motor vehicles;

1. A written result of autopsy;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to the investigation report (as to the background of the arrest of the suspect A);

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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