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(영문) 대전지방법원 천안지원 2017.01.12 2016고단1767
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

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

Reasons

Punishment of the crime

On June 10, 2013, the Defendant was sentenced to a fine of three million won as a crime of violating road traffic law (drinking driving) in the Changwon District Court’s territorial branch on June 10, 2013, and three million won as a fine by the same court on August 13, 2013.

1. The accused is a person who is engaged in driving a CEX-free car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Escape), violation of the Road Traffic Act (unnecessary Measures after Accidents), violation of the Road Traffic Act (driving) and violation of the Road Traffic Act (unlicensed Driving).

On September 12, 2016, the Defendant driven the above vehicle on September 12, 2016, and driven the alcohol concentration of 0.182% in blood, and, without a driver's license, driven the road ahead of the designated shooting distance in the Seoan-gu, Seoan-gu, Seoan, Seoan-si, by using the same as the two-lanes along the new side.

The location is expected to be an intersection, and the appearance of other vehicles is anticipated, and at the same time, a short distance is at night, so the defendant, who is engaged in driving a motor vehicle, has a duty of care to look at the right and right of the front side of whether there are other vehicles entering the intersection, and to accurately manipulate the steering gear.

Nevertheless, Defendant D (32) who had access to the intersection due to the negligence of failing to perform the duty on the front side while under the influence of alcohol and going to turn to the left from the front part of the said car at the entrance center as the front part of the said car was driven by the victim D (32 ) who was driving from the front part of the ER125-wheeled vehicle, and led the victim F (32 ) who was on the front part of the said two-wheeled vehicle to go to the front part of the said car, to exceed the road floor.

Ultimately, the Defendant, by such occupational negligence, caused the victim F to have the victim F die at around 04:42 on the same day, due to a satisfic shock caused by a satch joints of flocks at the Nam-gu Incheon National University Hospital, Namcheon-gu, Namcheon-gu, Namcheon-gu, Seoul Metropolitan City.

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