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(영문) 광주지방법원 2017.01.12 2016고단3710
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

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 motor vehicle with D investment risk in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Escape) and violation of Road Traffic Act (after an accident).

On August 14, 2016, the Defendant driven the said car under the influence of alcohol level of 0.088% among blood transfusion around 03:00, and changed the lane to two lanes, using one lane in front of the F cafeteria located in Gwangju Mine-gu E, in front of the F cafeteria located in Gwangju Mine-gu, and driving at a speed of about 70 km/h of speed in the erode of Gwangju Metropolitan City from the erode to the erode.g., at a speed of about 70km/h.

At the same time, the passenger car driven by the victim G(27) was in the course of driving at the two-lanes, so there was a duty of care to prevent accidents by operating the direction light in advance and changing the lane safely to the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to change the lane into two lanes, and caused the part behind the left side of the damaged vehicle running in the same valley from the two lanes to the same valley, and caused the damaged vehicle to shock the part of the damaged vehicle into the front right part of the Defendant’s vehicle and the part of the fences and fences, which is set up on the right side, and the damaged vehicle is pushed down to the right side, and the part of the traffic signal control in the Seoul Metropolitan City owned by the victim Gwangju Metropolitan City, which is set up on the right side.

Ultimately, the Defendant, while shocking the damaged vehicle due to such occupational negligence, did not immediately stop a traffic accident that causes damage to the said damaged vehicle and traffic signal control equipment totaling KRW 10,918,609, and did not take necessary measures, and caused the victim to die by pressure, etc. at the hospital of the Joseon University located in the Dong-gu, Gwangju, Gwangju, on August 19, 2016, around 14:50 and around August 19, 2016.

2. On August 14, 2016, the Defendant violated the Road Traffic Act (drinking driving) from the front of an elementary school, a letter of refriage in the bankruptcy Dong-dong of Gwangju Mine-gu around 03:00.

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