(영문) 대전지방법원 천안지원 2016.07.01 2016고단673

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자간(%)

(영문) 대전지방법원 천안지원 2016.07.01 2016고단673

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for four years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On July 5, 2007, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law in the support of the Daejeon District Court, Daejeon District Court, and on February 3, 2016, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving).

[Criminal facts] The Defendant is a person who is engaged in driving of a cruise vehicle.

Although the Defendant had twice the power of driving under the influence of alcohol, on May 7, 2016, the Defendant driven the said motor vehicle under the influence of alcohol level of 0.119% during the blood transfusion at around 03:04, and driven the three-lane road in front of E in the north-gu, Seoan-gu, Seoan-gu, in the direction of the two-lane in the direction of the two-lane.

At that time, there was a yellow on-and-off signal and crosswalk at the front door, so in such a case, there was a duty of care to check whether a person engaged in driving service was a person to reduce the speed and to see well the right and the right and the right of the vehicle, and to prevent the accident in advance by driving the vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant did not look at the front side and the left side, and did not find the victim F (50 cm) to the right side of the left side of the crosswalk, and did not see the victim F (50 cm) and had the victim go beyond the ground by receiving the victim from the front part of the motor vehicle.

After all, the Defendant, by the above occupational negligence, caused the death of the victim by cutting down two alleys, cutting down a light, etc. in the same workplace immediately, and failed to immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. Police seizure records and list of seizure;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Reports on the detection of drivers at home and reports on the circumstances of drivers at home;

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