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(영문) 수원지방법원 안산지원 2018.02.07 2017고단2700

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

1. On March 12, 2014, the Defendant was sentenced to a summary order of KRW 5 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in the support of the Suwon Friwon Friwon, and on September 21, 2015, the Defendant was sentenced to a fine of KRW 5 million for the same offense, etc. in the same court.

On September 23, 2017, the Defendant driven the said car under the influence of alcohol by 0.142% from a 1 km section from the 52-day Seoul Special Metropolitan City Nowon-gu to the 3rd day of the same Gu from the 52th day to the 175th day before the Busan High School.

2. Around September 23, 2017, the Defendant driven the said vehicle while under the influence of alcohol and led the front distance of the government middle school to the hospital located on the side of the Pero High School, while driving it on the said vehicle at around 04:20 on September 23, 2017.

At the time, there is a duty of care to prevent accidents in advance by safely driving the driver, such as reducing speed and properly seeing the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation of the driver.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 속도를 줄이지 아니하고 조향장치를 제대로 작동하지 아니한 과실로 피고인의 진행방향 오른쪽 전방에 있던 인도에 설치된 철제 펜스를 위 승용차의 오른쪽 앞부분으로 들이받아, 그 충격으로 위 승용차의 조수석 문이 떨어져 나오면서 전복하게 하고, 위 승용차의 조수석에 타고 있던 동승 자인 피해자 D(30 세 )으로 하여금 위 차에서 튕겨 나가 위 도로에 떨어지게 하였다.

Ultimately, the Defendant caused the victim D to have the above occupational negligence in his occupation.