(영문) 전주지방법원 2020.04.29 2020고단106

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(영문) 전주지방법원 2020.04.29 2020고단106

특정범죄가중처벌등에관한법률위반(도주치사)등

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A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (LIOT Death) is a person engaging in driving a BILT car.

At around 02:28 on January 10, 2020, the Defendant driven the said vehicle at a three-lane distance from the surface of the front bridge to the police station, while under the influence of alcohol level 0.113% of the three-lanes in front of the DNA Party C located in the Yansan-gu Seoul Special Metropolitan City.

At night, there was a duty of care to safely drive a motor vehicle, such as taking appropriate brake measures when an obstacle occurs to a person engaged in driving a motor vehicle, because it was at night.

Nevertheless, under the influence of alcohol, the Defendant neglected to move the victim E (the age of 80) to the left-hand side from the road right-hand side of the running direction, and due to the negligence of finding late the victim E (the age of 80) to the left-hand side of the said vehicle, brought the victim into the ground floor by shocking the victim.

Ultimately, even though the Defendant caused the death of the victim due to the injury to a divesive wound due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

2. On January 10, 2020, the Defendant driven the said vehicle under the influence of alcohol by 0.113% in the section of about 10km from the 10km section from the G main point of G located in Full-gu Seoul Metropolitan City F to the front side of H in the same Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement to I;

1. CDA images;

1. A traffic accident report, accident site photograph, and photograph of a vehicle operated by defendant;

1. Notification of the results of the control of drinking driving, the report on the circumstantial statement of a drinking driver, and the criminal defendant's drinking path;

1. A written autopsy [Judgment on the argument of the defendant and his/her defense counsel]

1. The defendant asserts that he shocks another person.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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