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(영문) 대구지방법원 김천지원 2014.10.23 2014고단911
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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. The Defendant is a person engaging in driving a vehicle XG in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles), the Road Traffic Act (unclaimed Measures after Accidents), and the Road Traffic Act;

On June 30, 2014, at around 06:15, the Defendant operated the said car with blood alcohol concentration of 0.091% without a driver’s license, and continued the national highway No. 33, which is linked to the 821 High School 119 Safety Center in the old-si, Gosi-si, Gosi-si, Gosi.

In this case, the driver has a duty of care to safely operate the steering system by properly operating the steering and steering the steering system in a clear mind.

Nevertheless, the Defendant neglected this and got the victim D (the age of 85) who was pushing ahead of the motor vehicle on the right side of the proceeding direction by negligence while driving the motor vehicle.

As a result, the Defendant had the above victim use on the road by shocking the above victim due to the above occupational negligence, and, at the same time, did not immediately stop the victim, and did not take necessary measures such as aiding and abetting the victim, even though the market value, which is the victim, was damaged, and thereby, caused the victim to die from the two frameworks on the same day at around 6:30 on the same day.

2. On June 30, 2014, at around 06:15, the Defendant operated C Twork XG cars while under the influence of about 25km alcohol concentration of 0.091% without a vehicle driver’s license from the street front of the Saemaeul restaurant located in the Yellow-si, Yongsan-si, Busan Metropolitan City to the parking lot for the operation of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident;

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