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(영문) 대전지방법원 2019.05.24 2019고단508

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

1. A person who is engaged in driving of a motor vehicle in B high-speed bid in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Road Traffic Act;

On February 11, 2019, the Defendant driven the said car at a speed of 0.184% alcohol level around 05:30, while under the influence of alcohol, and led the two-lanes in front of the D convenience store located in Daejeon E Apartment-gu C, along one lane, to a speed of about 60km per hour from the e apartment bank to the air basin.

At the time, it is night and at the front of a crosswalk, and in such cases, the driver has a duty of care to check whether there is a person who gets on a road by reducing the speed and by properly examining the front and right-hand situation, and to drive safely.

Nevertheless, under the influence of alcohol, the Defendant received the victim F (the age of 68) who was a victim’s driver’s driver’s vehicle from the front part of the Defendant’s driver’s vehicle, and used the victim on the road. Then, the victim G (the age of 58) who was driving in the opposite lane and was driving on the opposite lane, received the front part of the Hunless car in the front part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant caused the death of the victim F by the above occupational negligence from the part of the body and shock, etc., caused the victim G and I (the 62 years of age) to suffer injury, such as dynasium, etc., of the bones of wood, which requires treatment for about two weeks, respectively, from the victim G and I (the 62 years of age). At the same time, the Defendant attempted to flee without taking measures, such as immediately stopping the said stunst vehicle, even if it damages the 6,744,238 won for repairing cost, and immediately stopping it.

2. On February 11, 2019, the Defendant violated the Road Traffic Act (driving) and was under the influence of alcohol at around 05:30 on February 11, 2019, the Daejeon Blue-gu Blue-dong, Daejeon Plue-dong while under the influence of alcohol 0.184%.