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(영문) 전주지방법원 군산지원 2020.02.03 2019고단1039
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc.) is a person engaging in driving a car BMW.

On July 11, 2019, at around 02:25, the Defendant driven the said car while under the influence of alcohol with 0.154% of blood alcohol concentration, and led the E Hospital front of the E Hospital located in Do in Yasan-si to drive the said car along the two-lanes of the F Hospital from the margin of the maro distance to the discharge of the F Hospital.

At the time, accidents are highly likely to occur at night, so in such cases, there was a duty of care to safely drive the vehicle, such as taking the front side and the right and the right and the right of the driver, and accurately operating the steering and the steering system.

Nevertheless, the Defendant did not discover the victim G (the age of 48) who was crossing the road from the right side of the Defendant's course to the left side when he neglected to drive the road while he was unable to drive the road normally due to a little string of walking condition, a little string of walking condition, a little string on the face, a part of the string of the car of the Defendant.

Ultimately, while the Defendant was unable to drive normally due to the influence of alcohol, the Defendant left the scene of death with the external shock at around that time without immediately stopping necessary measures, such as providing relief to the victim, even though it caused the death of the victim by occupational negligence.

B. Violation of the Road Traffic Act (MMW car) was driven by the Defendant from the front of the I cafeteria located in H at the next city in the next city in the foregoing paragraph at the time and time to the place indicated in the above paragraph (a) to a level of about 3km alcohol concentration of about 0.154% while under the influence of alcohol.

2. Defendant B is the driver’s seat of the CMW car driven by Defendant B while being aware that A was under the influence of drinking more than 2 soldiers at the time specified in paragraph (1).

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