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(영문) 전주지방법원 군산지원 2016.09.02 2016고단211
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

1. Around 23:10 on March 16, 2016, the Defendant driven an E rocketing car with a blood alcohol content of about 0.071% from the 4K section from the 23K section to the 4K section in the direction of the Drink located in the Donsan-si, Donsan-si to the Donsan-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) is a person engaging in driving a rocketing car.

On March 16, 2016, at around 23:10, the Defendant driven the said car while under the influence of alcohol, as set forth in Paragraph 1, and driven it along two-lanes from the shooting distance between the two-lanes of the D' station located in the next City, following two-lanes.

Since signal lights and crosswalks are installed at the front of that place, in such a case, there was a duty of care to prevent accidents by safely driving the motor vehicle in advance by safely driving it, such as complying with the traffic signal and accurately operating the steering direction and brake system, by checking whether there is a pedestrian who is a driver of the motor vehicle.

Nevertheless, the Defendant neglected this and caused the Victim F (the age of 45) who dried the front part of the Defendant’s car by neglecting the signal signal, etc. installed in the front bank while under the influence of alcohol and proceeded with it as is, by negligence, by disregarding the signal signal, etc. installed in the front bank.

Ultimately, even though the above occupational negligence led to the death of the victim due to the serious stop due to the above traffic accident, the Defendant immediately stopped the victim and escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. CCTV images;

1. A report on detection of a host driver;

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

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the criminal facts;

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