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(영문) 대전지방법원 홍성지원 2014.02.12 2014고단20
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant, who is engaged in driving of Cunst-Pacific cargo vehicles, driven the above cargo vehicles under the influence of alcohol level of 0.103% at around 19:10 on December 27, 2013, while driving them, led to the flow of the potter-ri road in front of the pool food in the pool-Seoul Hongcheon-gun, Chungcheongnam-gun.

At night, in such cases, a person engaged in the driving of motor vehicles has a duty of care to see the front door well and to accurately operate the brakes and steering gear.

Nevertheless, the Defendant neglected this and proceeded with the victim D (the age of 69) who was moving the handle at the front direction of the Defendant’s proceeding, proceeded with the back direction of the Defendant, and was coming to the back of the same direction, and caused the victim to go beyond the road, by shocking the victim D (the age of 69) to the front direction of the said cargo vehicle.

Ultimately, at around 19:47 on December 27, 2013, the Defendant: (a) caused the death of a victim due to cerebral cerebral cerebral cerebral cerebral cerebral Bribery at a F Hospital located in Hongsung-gun, Hongsung-gun; (b) at the same time, the Defendant immediately stopped the victim, and escaped without taking necessary measures, such as providing relief to the victim, even though the Defendant destroyed the loss sustained by the victim and damaged the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual condition survey report;

1. On-site photographs;

1. On-site photographs2

1. Photographs of a deceased person;

1. Photographs of the skin vehicle;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the enemy;

1. A death certificate;

1. Seizure records;

1. The list of seizure;

1. Application of Acts and subordinate statutes of the Investigation Report (Application of Badmark);

1. Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 148-2(2)2 of the Road Traffic Act.

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