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(영문) 의정부지방법원 2016.11.25 2016고단4568

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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. On September 15, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving C Poter II cargo vehicles while under the influence of alcohol of 0.126% in blood alcohol concentration on national highways No. 47 before Gangwon Iron-gun, Kangwon-gun on September 15, 2016, and proceeded with C Poter II cargo vehicles from the same side of water lux.

At the time, there is a vehicle stopping to turn to the left, so in such cases, there was a duty of care to keep the safety distance with the front vehicle while maintaining the safety distance with the front vehicle and properly manipulate the brake system to prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to maintain the safety distance due to the negligence of failing to properly operate the brake system, and found it late after stopping to turn to the left at the accident site by driving the E 5-car driven by the victim D (the age of 62). The Defendant shocked the part of the front part of the Defendant’s vehicle to the front part of the victim D vehicle.

Ultimately, the Defendant driven the above cargo while driving it is difficult to drive the vehicle normally due to influence of alcohol, and suffered injury to the victim D, such as salt, tension, etc. of the bones of wood that requires medical treatment for about three weeks, injury to the victim F (57 years old), who was on the top of the operation of the said vehicle, such as salt, tension, etc. of the bones of wood that requires medical treatment for about three weeks, and injury to the victim G (23 years old) who was on the rear seat of the said vehicle, for about two weeks, such injury as dump, tension, etc. of dump, which requires medical treatment for about two weeks, to the victim H (23 years old) who was on the back seat of the said vehicle.

2. Violation of the Road Traffic Act (driving) is about 20 km section from mountain around the bag in mountain around the bag of the steel source, the steel source, the steel source, the steel source, to the national highways of about 47 km in front of the same military.