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(영문) 대전지방법원 천안지원 2013.08.30 2013고단825
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) is a person who is engaged in driving a marina car;

On June 1, 2013, at around 00:40, the Defendant driven the said car under the influence of alcohol by 0.193%, and proceeded with the roads of the third-lane apartment in front of the non-giral apartment in the east-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, with three lanes from the flow distance from the flow distance to the south-west distance.

Since a crosswalk is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a pedestrian crossing, and to accurately manipulate the steering direction and brake system to prevent traffic accidents.

Nevertheless, the Defendant’s negligence, while driving under the influence of alcohol and neglecting it, led to the death of the victim D (Nam, 17 years old) crossinging the crosswalk from the left side of the Defendant’s running direction to the right side of the crosswalk due to cerebral blood, etc. at the Jung-gu EF Hospital located in Daejeon, Daejeon on June 17:13, 2013.

After that, the Defendant immediately stopped and did not take necessary measures, and escaped as it is.

2. Around 00:40 on June 1, 2013, the Defendant was under the influence of alcohol by 0.193% on blood alcohol level, and the Defendant was driving the said mae-car at approximately 5.4 kilometers in the section of around 5.4 kilometers from the front day of the top-down bus in the Dobong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seocheon-gu to the road near the port in the south-gu, Yan-dong, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. Each traffic accident report;

1. A written report from an employee of an employer;

1. On-site photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes of an investigation report;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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