beta
(영문) 인천지방법원 2017.09.01 2017고단3775

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury in Escape) and a violation of Road Traffic Act (Non-accident after an accident).

On May 16, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.106% among blood transfusions on May 16, 2017, and made it left left at the entrance distance from the south-dong Police Station at the south-dong Police Station of Incheon to turn to the left.

It is a place where a vehicle passes and cross-sections, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by properly manipulating the front side and the steering system, and by properly manipulating the brake and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the right, and neglected to turn to the right in contravention of the signal, brought the front part of the victim E(47 cc) driving in accordance with normal signals from the opposite part of the said three-ra vehicle to the right side of the said three-ra vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, destroyed the above damage ozone to the extent that the repair cost is equivalent to KRW 2,035,000, and at the same time escaped without taking necessary measures, such as immediately stopping the victim and providing relief to the victim, even though the victim caused the death of two internal blood transfusions from the same occupation.

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle C in the state of alcohol alcohol concentration of about 0.106% at the section of approximately 2 km from the front of the player village apartment house located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, to the front of the same Gu-dong road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. A traffic accident report, an investigation report, a report on the circumstances of the driver in charge of the main duty, a report on the detection of the driver in charge of the main duty, a report on the detection of the main duty driver, a body inspection report, and a written estimate;

1.Each vehicle photograph;