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(영문) 수원지방법원 2014.08.28 2014고단2502

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

[criminal power] On January 12, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being issued a summary order of a fine of 3.5 million won by committing a violation of the Road Traffic Act at the Suwon District Court's House on February 13, 2009, and a fine of 700,000 won by committing the same crime at the Suwon District Court on February 13, 2009.

【Criminal Facts】

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents) is engaged in driving of a motor vehicle at the franchise.

On May 11, 2014, the Defendant, while under the influence of alcohol of 0.108% of blood alcohol concentration at around 07:15, the Defendant driven the said car and proceeded at a speed of about 70 km per hour from the offside to the south side of the west-do road in front of the E, in the ethic City D in the ethic City of harmony.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care for those engaged in driving duties to thoroughly see the front-time and safely operate the car line.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, went to the front part of the GT 100 Oral Sea that was driven by the Victim F (year 71) who was driven by the Defendant in the opposite direction due to the negligence of driving the central line, was driven by the front part of the car driven by the Defendant, and due to the shock of the said car, caused the victim H owned by the Defendant, who was parked on the left side of the running direction, to shock the front part of the said car.

As a result, the Defendant, at around 07:50 on the same day by occupational negligence, caused the above F to have the above F death with an external wound at the above accident place, and at the same time, caused the above oman to be in KRW 1,651,000, such as pressing repair, etc., and each damage is needed to make the above omann vehicle to be in KRW 270,000, such as exchanging the omann vehicle with the header, and to rescue the victim.