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(영문) 대전지방법원 홍성지원 2013.09.10 2013고단655
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. Around 06:50 on August 12, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.196%, and around 06:50 on August 12, 2013, the Defendant driven approximately 15 km from the road front of the CU convenience store located in the DU convenience Eup budget-Eup, Chungcheongnam-gun, Seoul Metropolitan Government, to the road adjacent to the northwestwestwest-do.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) is a person engaging in driving a IM5 car as set forth in paragraph (1) above.

At the date stated in Paragraph 1 above, the Defendant driven the above IM5 car and proceeded at a speed of about 120 km in accordance with the speed of 120 km in front of solar plastics located in the Eup/Myeon of the Chungcheongnam-gu Seoul Metropolitan City, Chungcheongnam-do.

Since there was a road bended by the coordinates, a person engaged in driving service has a duty of care to ensure safe operation by reducing speed and thoroughly operating the front-way.

Nevertheless, the Defendant neglected this and caused the victim D(68 years of age) and the victim E(59 years of age) who was towing the handcul in order to cross the road on the right side of the road while driving the road by negligence while under the influence of alcohol.

Ultimately, the Defendant, due to the above occupational negligence, failed to stop and take necessary measures, such as aiding the victims, even though the Defendant caused the death of each of the relevant positions due to the diversification of d and long-term damage, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on a traffic accident (the actual survey report, 1, 2);

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. A written request for examination of each body;

1. Application of Acts and subordinate statutes to investigation reports (Application, etc. of Madmark);

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Criminal Act as to the crime committed under the corresponding Act.

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