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(영문) 대구지방법원 안동지원 2015.07.16 2015고합24

유기치사

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Cro-cab.

At around 02:20 on July 20, 2014, the Defendant was receiving KRW 90,000 from the Victim F (F) on the front of the road located in Ansan-si D, Dong-si, and continued to enter the Southern-dong IC, which is located in the west-gu, Daegu-si, the destination of which is the central highway, to go to the Gigu IC located in the west-gu, the destination of which is the Daegu-si, by using the central highway, and to go to the South Daegu-si IC located in the same city, which is located in the west-gu, Seo-gu, Seo-gu, and using the urbanization Highway, the Defendant continued to go to the IC on the Highway-do along the same month.

In this case, the defendant, who gets the victim under the influence of alcohol (0.194%) as a customer, has a contractual obligation to safely land the above victim to the destination; the expressway, the middle-sea landing bus expressway and the urbanized motorway, which are the expressway, are traveling along the express speed by only the vehicle, making it impossible for people to pass by the road; the noise prevention measures in the road structure and the retaining wall of the central separation zone, etc. are installed, making it easy for people to walk out of the road; and at the same time, the possibility of traffic accidents was sufficiently predicted due to the very poor relationship in the view of the night. However, even if it was possible to predict the possibility of traffic accidents due to the late night-time, the victim stopped at around 03:42 on the same day on the ground that the victim, who was under the influence of alcohol, was able to bread and the destination of the victim, was not searched by the NAD.

금소에서 약 100m 현풍IC 방향 지점에 피해자를 하차시킴으로써, 피해자로 하여금 약 38분 동안 방향 감각을 잃고 출구를 찾아 헤메다가 같은 날 04:20경 위 중부내륙지선고속도로 현풍기점 22.9km지점 1차로에서 G 운전의 H SM3 승용차의 우측 앞 펜더로 1차 충격되어 옆 2차로로 튕겨져 나가고, 이어서 후행하던 I 운전의 J...