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(영문) 대구지방법원 서부지원 2018.07.04 2018고단67
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 the operation of Cribero Slve-fafol-fafols.

The Defendant, while under the influence of alcohol level of 00:27 on October 10, 2017, 00:114% of the blood alcohol level, continued to run the front road in front of Daegu-gun into the seat of the office of Multiluri Eup in the middle school.

At the time, the passage of pedestrians at night is frequent, so in such a case, the defendant has a duty of care to prevent accidents by thoroughly operating the front door and the right door and the right door, and operating the operation of the brake and the steering gear accurately.

Nevertheless, the Defendant neglected to perform so under the influence of alcohol and neglected to do so, but failed to discover the victim E (the 53 years old), the spouse of the Defendant, who was the spouse of the above cargo vehicle, due to negligence, committed the above cargo lane.

Ultimately, the Defendant, by such occupational negligence, escaped without taking necessary measures, such as taking relief measures against the victim, even though the Defendant caused the victim’s death on July 10, 2017, at an emergency room of the Daegu Tol University Hospital located in Daegu-gu, Daegu-gu, by a cryp cryp, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, an investigation report on the actual condition of a traffic accident, an appraisal report on traffic accident analysis, or an escape route guidance;

1. Statement report on the circumstances of the driver in charge, report on the situation of the driver in charge, response to the results of crackdown on the driving of alcohol, investigation report (with respect to the suspect's blood alcohol concentration at the time of the accident);

1. Photographs;

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

1. Article 5-3 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational negligence, the choice of imprisonment with prison labor), Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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