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(영문) 대구지방법원 2014.03.27 2014고단416
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) are those who are engaged in driving of one ton cargo vehicle;

At around 15:00 on January 11, 2014, the Defendant driven the above cargo vehicle and proceeded with the two-lane national highways of about 4 degrees, as the locks located in the Dolcheon-gun, Gyeongcheon-do, Gyeongcheon-do, Gyeongcheon-do, and one-lane from Daegu to drawing.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant was negligent in driving a stroke while neglecting it, and instead neglected to do so, and was driven by the victim D (Nam, 22 years old) who was going forward in the same direction, and was driven by the victim D (Nam, 22 years old) as the front part of the cargo vehicle of the Defendant.

Ultimately, at around 15:35 on the same day from the above occupational negligence, the Defendant, at the emergency room of G Hospital in Daegu-si, Daegu-si, caused the death of the victim due to the long-term power failure due to credit, etc., and at the same time, did not immediately stop the above Oba while damaging the repair cost of KRW 1.3 million, and escaped without taking necessary measures, such as providing relief to the victim.

2. The Defendant was under the influence of alcohol with 0.108% of the blood alcohol concentration at a temporary border as referred to in the above paragraph (1) of the Road Traffic Act, and drive approximately 20km of the above cargo vehicle to the Ka Center located in Daegu Northern-gu via the Gyeongdong-gu, Daegu-gu, the accident site, through the Gyeongdong-gu, the Gyeongdong-gu, the Gyeongdong-gu, which is the location of the accident site.

Summary of Evidence

1. Statements consistent with the accused in the first trial records;

1. A H statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The results of an investigation report, a written estimate, an investigation report, and drinking at the time of a traffic accident report;

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