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(영문) 청주지방법원 2013.05.02 2012고단2488
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

On November 18, 2012, the Defendant, as a person engaged in driving C-Wing-Wing-Wing-Wing-Wing-Wing-Wing, driven the said vehicle under the influence of alcohol concentration of 0.089% at around 22:25 on November 18, 2012, and was driving the said vehicle in the direction of retailing the one-lane road in front of the T-Wing-Wing Elementary School located in the Ying-Wingging Gingginggingri, Ha

At night, in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by putting the front door and accurately operating the steering and steering devices.

Nevertheless, the Defendant, while driving a bicycle only by neglecting it, did not discover the victim D (77 years old) who was towing the bicycle at the front of the Defendant, and was negligent in driving the bicycle as it was without finding the victim D (7 years old) and caused the victim to go beyond the ground due to the shock of the said car.

Ultimately, even though the Defendant was negligent in performing such occupational duties as above and caused the death of cerebral blood immediately, the Defendant immediately stopped and escaped without taking measures, such as aiding and abetting the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. A statement prepared by the F;

1. The application of Acts and subordinate statutes, such as a fact-finding survey report, a traffic accident report, a body autopsy report, a master-employed driver report, and photographic action report;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) was committed after the defendant was able to drive a vehicle while under influence of alcohol, and the defendant was shocked by pedestrians.

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