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(영문) 수원지방법원 성남지원 2017.10.19 2017고단2093
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

[criminal history] On March 30, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on March 30, 201, and a summary order of KRW 3 million for the same crime at the same court on October 29, 2014, respectively.

[Criminal facts]

1. On July 24, 2017, when the Defendant was punished twice or more for a violation of the Road Traffic Act (drinking driving), the Defendant driven a Fbenz car in the 5km section from Sungnam-gu, Sungnam-gu, Sungnam-si to the front day of the Etel in the same city under the influence of alcohol content 0.263% at around 03:15 on July 24, 2017.

2. On July 24, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. Caused by Escape) was driven by the said FF vehicle under the influence of alcohol content 0.263% in blood transfusion on July 24, 2017, while driving the said FF vehicle at a speed exceeding 92km per hour at a speed of 92km per hour depending on the two-lanes in the direction of the direction of the direction of the Mannam City Etel in the direction of the Mannam City.

At night, since a person engaged in driving of a motor vehicle is at night, he/she has a duty of care to properly see the speed and the right and the right and the right and the right and the right, and to accurately manipulate the steering gear and the system so as to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant neglected this and found the victim G(23) who was unauthorized to cross the brakes to the right side from the left side of the said car driving direction beyond the median line due to the negligence of not operating the brakes properly, and found it late, and caused the victim to fall off on the ground beyond the median line.

Even if the defendant caused an accident due to the above occupational negligence, he does not immediately stop and take necessary measures, such as aiding the injured party, but runs away at around 10:20 on the same day.

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