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(영문) 부산지방법원 동부지원 2018.01.24 2017고단2306
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of the ENA passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the escape death, etc.), the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the equivalent) and the violation of the Road Traffic Act (the subsequent measures).

On October 12, 2017, the Defendant driven the said car under the influence of alcohol level of 0.098% among blood transfusions on October 22:2:21, 2017, and proceeded at a speed of about 85 km per hour from the direction of Yong-gu in Busan to the shipping zone from the direction of Yong-dong.

At night, there is a sign indicating that it is a dangerous area with a high wind's effect, and there is an absolute reduction sign and an absolute reduction sign at the time, and because the surface has been milched, a person engaged in driving duty has a duty of care to prevent accidents by operating at a speed that reduces 20/100 above the speed of 80 km, the highest limit of the driver, a thorough operation of the steering system, and operation of steering system and brakes accurately.

Nevertheless, under the influence of alcohol, the Defendant, while driving at a speed of about 85 km per hour exceeding 21 km per hour while driving at a speed of about 85 km, was driven by the victim H ( South, the age of 45) who was parked in order to cope with the accident in the frontline, was under the influence of alcohol, and the Defendant was under the action of the accident on the side of the said truck due to the shock of the said truck, while driving at a speed of about 85 km per hour.

G The victim J( South, 37 years of age) and the victim K( South, 36 years of age) were the patrol team of G business place.

Ultimately, the Defendant’s occupational negligence inflicted an injury on the victim H, such as the left-hand alley pelle, etc. in need of approximately four weeks of treatment, injury on the chronic plant human condition, etc. due to the injury of external brain injury on the part of the victim K, and injury on the part of the victimJ, and injury on the part of the victim JJ, which was being transmitted to the victim H after around October 23:05 of the same year.

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