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(영문) 대전지방법원 서산지원 2012.12.06 2012고단1062
특정범죄가중처벌등에관한법률위반(도주차량)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 three 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 of a Dozon vehicle in the Grandland.

On October 24, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 00:21 0.064% of blood alcohol concentration, and led the Defendant to drive the above vehicle along the two-lanes from the west Sea Highway 264.7km km away from the west Sea to Seoul.

Since the time is night, the defendant engaged in driving service has a duty of care to thoroughly operate the front-time and to safely maintain the following lines.

Nevertheless, under the influence of alcohol, the Defendant found a private rash vehicle that notified that the road repair work is performed on the front side of the vehicle, and applied the steering gear to the left side to the first lane to avoid this, and the victim E (the age of 44) who was working on the second lane due to negligence in operating the steering gear to the right side of the vehicle again, was shocked into the front side of the above vehicle.

Although the Defendant was negligent in the above occupational negligence resulting in the death of the victim from the 1,2nd parallel in the workplace, the Defendant immediately stopped the vehicle and did not take measures such as aiding the victim, but temporarily suspended the vehicle in the vacant lot near the right side at the right side.

2. On October 24, 2012, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.064% from the section of about 50km to the front of a roadside rest area located at a point 265.8km on the west Coast Highway from the frequency front where it is impossible to identify the trade name on the west Sea and west-si, Chungcheongnam-si. 00:21 on October 24, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A traffic accident report;

1. The evidence of the traffic accident, photograph of the defense counsel, etc.;

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