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(영문) 대전지방법원 2013.09.11 2013고단2847
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) are those engaged in driving a DNA franchise driver car;

On May 17, 2013, at around 04:20, the Defendant, while under the influence of alcohol of 0.117%, was driving along three-lanes on the five-lane roads in front of the Daejeon Daejeon Agricultural Co., Ltd., the direction of five-lanes in the agricultural and fishery market in the direction of five-lanes on May 17, 2013.

Since there is a limited speed at 70 km per hour, a person engaged in driving duty has a duty of care to prevent accidents by complying with the car line and the restricted speed, and operating the steering gear and the brake system accurately.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving at a speed exceeding 59.3 km per hour while changing the vehicle from four lanes to three lanes, and received the front portion of the motor vehicle driven by the Defendant.

Ultimately, the Defendant suffered from an injury of cerebrovascular, etc. by occupational negligence, and at the same time, destroyed the above motorcycle so as to have an amount equivalent to KRW 2,177,300, and did not immediately stop and take necessary measures, such as aiding and abetting the victim, and led the victim to the death of cerebral pressure at the F Hospital, which was under medical treatment at around 05:15 on May 18, 2013, which led to the death of the victim.

2. On the date and time set forth in paragraph 1 of this Article, the Defendant driving a DNA car in the state of alcohol alcohol concentration of approximately 0.117% from the 3km section from the roads front of the composite terminal in the Yongsan-gu Daejeon-gu, Daejeon to the road front day of the merchant electricity in the Taedong-gu, Daejeon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written instruction from an employer;

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