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(영문) 대전지방법원 천안지원 2016.11.29 2016고단2114
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On April 30, 2002, the Defendant received a summary order of KRW 700,000 from the Daejeon District Court Branch of the Daejeon District Court to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act, and a summary order of KRW 2.5 million as a fine in the same court on January 6, 2003, respectively.

【Criminal Facts】

1. Around 21:55 on October 16, 2016, the Defendant driving a sports cargo vehicle owned by the Defendant, under the influence of alcohol leveling 0.079% in the section of approximately 10km from the collection parking lot of “Yish Fishing Ground” located in Seo-gu, Seo-gu, Seoan-gu, Seoan-gu, Incheon to the front road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc.) is a person engaged in driving a sports cargo vehicle even in Dco.

On October 16, 2016, the Defendant, as set forth in Paragraph 1, driven a sports cargo vehicle in the city of the Republic of Korea owned by the Defendant, and driven a two-lane road in front of the F in Seoan-gu, Western-si E, Seoan-si, Seoan-si, by using a two-lane radius from the gradic distance outflow from the gradic distance.

In this case, there was a duty of care to prevent accidents due to safe driving, such as a person engaged in driving of a motor vehicle, and a person engaged in driving of a motor vehicle, such as accurately operating brakes, steering devices, and other devices.

Nevertheless, the Defendant neglected to do so and did not discover the Victim G (the age of 92) who was driven by negligence while neglecting the duty at the front of the vehicle while under the influence of alcohol as described in paragraph (1) and went to the right from the left side of the defendant's course. The Defendant received the victim from the front right side of the vehicle of the Defendant.

Ultimately, even if the Defendant caused the death of the victim due to the dystroke, etc. due to such occupational negligence, the Defendant immediately stops and confirmed the status of damage, and the victim is the hospital.

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