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(영문) 제주지방법원 2014.09.12 2014고단962
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. Around 00:56 on July 20, 2014, the Defendant: (a) driven a Cpote car under the influence of alcohol with a blood alcohol concentration of 0.157% at the parking lot around Jeju-si, Nowon-gu, Seoul-do, through the roads in front of Jeju-do, a place of accident, from the front of Jeju-do, Jeju-do, Jeju-do, Jeju-do, Jeju-do, through the roads in front of Jeju-do, a place of accident.

2. The defendant is a person engaged in driving the relevant car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

At the same time as in the preceding paragraph, the Defendant driven the said car and driven the road ahead of the members of the Seoul Literature Department with the distance of Western 4 meters from the south of Do.

At the time, a crosswalk was installed on the front direction of the defendant's driving, and the signal of the crosswalk was also a pedestrian signal at the time, so the defendant engaged in driving of the motor vehicle had a duty of care to temporarily stop in front of the crosswalk and yield the course to pedestrians and safely drive the motor vehicle in accordance with good faith.

Nevertheless, the Defendant, while under the influence of alcohol, failed to comply with the signal while entering the crosswalk as it is, did not take measures such as aiding the victim's DNA (e.g., South and 52 years old) with the front part of the said vehicle, leading the victim to the death of a low blood shock in accordance with the Damical aggregate on the same day at around 03:45 on the same day, and escape without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. One and two traffic accident reports;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after death or death or the choice of limited imprisonment) and Article 148-2 of the Road Traffic Act.

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