(영문) 서울남부지방법원 2016.05.19 2015고단5213

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(영문) 서울남부지방법원 2016.05.19 2015고단5213

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. Around November 25, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Epicing Vehicles) (i.e., the head of Si/Gun/Gu) driven the vehicle 380 (380) in front of the Indonesian Embassy in the direction of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, to drive the vehicle in the direction of the vehicle in the direction of the vehicle in the Hanyang apartment door. At the same time, the Defendant was getting off at night, and there was a crosswalk in which the vehicle and pedestrian signal are installed on the front side of the vehicle in the direction of the vehicle in question, and thus, the person engaged in driving the vehicle has a duty of care to check whether there is a person driving the vehicle and to drive the vehicle in a safe manner by reducing speed and checking the left and left well.

Nevertheless, while under the influence of alcohol, the Defendant failed to discover the victim F (37) in accordance with the pedestrian signals who driven the crosswalk from the left-hand side by neglecting the above duty of care as seen above, and failed to discover the victim F (37 years) in the left-hand side of the crosswalk, and caused the victim to go beyond the ground due to the shock of the above car, and the victim went back to the ground due to the shock, and the victim went away without taking necessary measures, such as providing relief to the damaged person by immediately stopping the vehicle.

2. Defendant 1 driven the said vehicle from the Yongsan-gu, Yongsan-gu, Seoul to the 380-lane of Yeongdeungpo-gu, in a state of alcohol concentration of 0.138% during blood transfusion 00:20 on the same day. Defendant 2 driven the said vehicle from the 74-way, Yongsan-gu, Seoul to the 380-lane of Yeongdeungpo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Statement report on the circumstances of a driver who is a driver at driving, report on detection of a driver at driving, and investigation report (verification of the distance from driving under drinking);

1. A traffic accident report;

1. A death certificate;

1. Application of traffic accident-related photographs and black stay video-related Acts and subordinate statutes;

1. The point of a foreign-capital invested vehicle that is provided for in the relevant Article of the Criminal Act and a sentence:

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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