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(영문) 대구지방법원 포항지원 2020.01.16 2019고단1306
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

The punishment of the accused shall be three years of imprisonment.

except that the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B in driving the motor vehicle.

On October 10, 2019, the Defendant driven the above car at around 05:35, and led the two-lane road in front of the Southern-gu C Apartment at the port of port along the direction of D elementary school E from the direction of D elementary school.

At the same time, in such a case, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by taking the front door and left door well.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so due to his occupational negligence, and neglected to do so, and received the victim F(77 years of age) and the victim G(71 years of age) from the right side of the road according to the above two-lanes around that time.

As a result, the Defendant did not immediately stop the victims due to such occupational negligence and did not take necessary measures, such as aiding the victims, and escaped as they were. From October 10, 2019 to October 10, 2019, the Defendant: (a) caused the victim F to have the victim F die from the I Hospital located in the south-gu H at the time of international navigation on October 10, 2019; and (b) caused the victim G to die from the same hospital on October 11, 2019.

2. The Defendant, in violation of the Road Traffic Act, driven a vehicle B Ecoo in the state of alcohol with a blood alcohol concentration of 0.036% from the front line of Kju located in the South-gu J at the time of the temporary border of Paragraph 1 to the front road of E apartment complex.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning L;

1. The actual condition survey report;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. A detailed statement on processing reported cases;

1. Each death certificate;

1. Application of each statute on photographs;

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Criminal Act.

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