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(영문) 대구지방법원 포항지원 2013.07.26 2013고단471
특정범죄가중처벌등에관한법률위반(도주차량)
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

From April 7, 2013 to 01:30 on April 7, 2013, the Defendant, at the alcohol house located in the north-gu Office C at the port, had a small-scale one disease per week, and at around 02:18 on the same day, the Defendant driven a DNA-based one-lane road in front of the building at the north-gu Office at the port of the passenger ship terminal, along the two-lanes of the two dong offices at the port of the passenger ship terminal.

At the time, there is a night and a place where a crosswalk is installed, so a person engaged in driving service has a duty of care to check the safety of the course and drive it in good manner.

Nevertheless, due to the negligence that the Defendant, while neglecting the duty of Jeonju City under the influence of alcohol, went away without immediately stopping the victim E (hereinafter, 47 years old), which was the right-hand side of the Defendant’s running direction, into the front part of the left-hand side of the said car, and without taking any measure, such as aiding the victim.

Ultimately, the Defendant, after the collision with the victim due to the above occupational negligence, escaped, and the victim received treatment due to cerebrovascular, etc. on April 8, 2013, caused the death of the victim with brain training costs around 03:20.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) the Defendant, while driving under the influence of alcohol, escaped without any rescue and relief measures despite shocking the victim who dried the crosswalk; (b) the fact that the victim died due to the instant accident, etc. disadvantageous to the Defendant; (c) the Defendant voluntarily surrendered to the police on the same day after the accident; and (d) the Defendant’s bereaved family members.

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