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(영문) 광주지방법원 해남지원 2020.06.25 2020고단119
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving freight vehicles B from among those who are engaged in driving freight vehicles;

On January 15, 2020, the Defendant driven the cargo truck of the above Poter on January 15, 2020, and led to a moving-off of the high-speed lane of 1066-1 in order to the high-speed high-speed high-speed high-speed area of allnam-do.

At the time, there was a situation where the surrounding areas were set up, and there was a passage of other pedestrians to a three-distance intersection where no signal, etc. is installed, so in such a case, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as a person engaged in driving the motor vehicle, a person who is engaged in driving the motor vehicle, by living well at the front and right, operating the steering and steering system accurately, and not driving a motor vehicle while under the influence of alcohol

Nevertheless, the defendant neglected this and did not properly look at the breath while under the influence of alcohol, and had the victim C (the 78 years old) who crosses the road to the right side from the left side of the defendant due to the negligence of driving the above breath cargo vehicle while driving on the left side of the defendant and let the victim go beyond the floor.

Ultimately, even though the Defendant suffered from an injury to the victim through occupational negligence as seen above, the Defendant immediately stopped the victim and did not take necessary measures, such as aiding the victim, and caused the victim to die in Da, Jeonnam-gun, Gangnam-do, Seoul Special Self-Governing Province around 08:03 of the same day.

2. On January 15, 2020, the Defendant violated the Road Traffic Act (driving) at around 07:11, 202, the blood alcohol concentration is 0.0 meters from the section of about 10km to the above altitude via the Defendant’s residence, after having arrived at the advanced intersection as specified in paragraph (1) from the front of the Defendant’s residence in the south F, to the said advanced intersection.

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