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(영문) 인천지방법원 부천지원 2012.11.09 2012고합166
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for two 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

1. Around June 21, 2012, the Defendant: (a) driven the E-wing three cargo vehicles under the influence of alcohol by 0.210% from the 2km section to the 312-1st road of the Shinpo-si, Kimpo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Kimpo-si.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving class E high-class three cargo vehicles.

On June 8, 2012, at around 21:30 on June 21, 2012, the Defendant driven the foregoing cargo vehicle while under the influence of alcohol as set forth in the foregoing Paragraph 1, and led to the progress of the road of 312-1 in the name of Kimpo-si, Kimpo-si from the boundary of the new sc

On the right side of the road of one-lane, the victim F (47 years of age, female) was walking on the right side of the road, so in such a case, the driver of the vehicle has a duty of care to make the driver of the vehicle safe to see the right and the right and the right and the right of the vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and without putting the breath and left or right while under the influence of alcohol, and was driven by the Defendant’s driver with the front boomer and the front glass part of the freight vehicle.

Ultimately, the Defendant caused the death of the victim in the same workplace due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. A criminal investigation report (Confirmation of the cause of death of the victim), a traffic accident actual condition investigation report, a traffic accident occurrence report, a driving driver, an accident report, and a written autopsy report;

1. Application of Acts and subordinate statutes to photographs of accident scene and photographed vehicles;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment);

1. Article 37 of the Criminal Code among concurrent crimes.

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