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(영문) 광주지방법원 2020.02.19 2019고단3408

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

1. On August 27, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc.) driven CMW X4 car at a speed of about 70km per hour depending on one lane from the face of the Bank of Korea from D, while under the influence of 0.147% of blood alcohol level without obtaining a driver’s license on the front side of Gwangju Seo-gu, Seo-gu, Gwangju.

In this case, the driver of the motor vehicle should not drive the motor vehicle while under the influence of alcohol, and the driver of the motor vehicle has a duty of care to drive the motor vehicle safely, such as the existence of pedestrians.

Nevertheless, the defendant did not know the victim E (the age of 69) who was moving to the right side from the left side of the defendant's driving direction when the defendant was negligent in driving ahead of the drunk, and did not find out the victim E (the age of 69) who was moving to the right side, and had the victim go beyond the road by shocking the victim in front of the defendant's car.

On August 27, 2019, the Defendant suffered from an injury to the victim of an external wound without a head open wound due to such occupational negligence, and did not immediately rescue the victim, and had the victim, who was sent to the Jeonnam University Hospital of Gwangju-gu, Gwangju-ro 42, from the 42:50 on August 27, 2019, went back without providing relief to the victim, resulting in the death of the victim due to cerebrovassis, etc. at the same hospital.

2. On October 24, 2018, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act by the Gwangju District Court.

On August 27, 2019, the Defendant is under the influence of alcohol 0.147% in blood alcohol concentration without obtaining a driver’s license from the front side of the Seo-gu Busan, Seo-gu, Gwangju to approximately 880 meters away from the shooting distance before the Seo-gu G hotel in about 880 meters.