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(영문) 서울서부지방법원 2015.11.19 2015고단2028

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The defendant is a person engaging in driving a ES5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act;

On July 12, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.143% of blood alcohol concentration around 01:51 on July 12, 2015, and moved the front D in front of Yongsan-gu Seoul Metropolitan Government bypassing it from the clane of the Green Franc basin to the direction of the tunnel 3-lane.

At the time, it is night and there is a intersection, so in such a case, a person engaged in driving a motor vehicle has the duty of care to prevent the accident in advance by driving the motor vehicle safely by checking the traffic situation of the front side.

Nevertheless, the Defendant neglected to perform such duty of care and neglected to proceed in the front of the passenger car operated by the victim F (53 years of age) in order to board the passenger at the front of the Defendant, while under the influence of alcohol, and received the victim H (30 years of age), I (n, 26 years of age), and I (n, 26) the lower part of the victim H (30 years of age), I (n, 26 years of age), which was driven by the Defendant in order to board the damaged vehicle.

As a result, the victim F was able to suffer from the injury of an unknown brain salin in detail that requires treatment for about two weeks, the victim H suffered from the injury of salinites, etc. requiring treatment for about four weeks, the victim I suffered from the injury of salinites, etc. requiring treatment for about two weeks, and at the same time, the salinites, etc., requiring treatment for about two weeks, and the salinites, etc. were stopped without taking necessary measures, such as aiding the salins, even if the salins are damaged to the extent that the salin

2. On April 23, 2009, the Defendant is issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act at the Seoul Northern District Court on April 23, 2009, and a summary order of KRW 2,00,000,000 as a fine for the same crime from the Jinyang Branch Branch of the Jung-gu District Court on March 14, 201, respectively.