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(영문) 창원지방법원 2016.10.07 2016고단2240
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 11, 2016, the Defendant, while under the influence of alcohol at 06:15%, driven BM5 car at a section of about 4 km from the front of a mutually influent restaurant located in Kimhae-si, Kim Jong-si, to the middle distance in the same city Myeon and CM5 car at the same city Myeon and CM5 car.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving BMW5 automobiles;

The defendant, while under the influence of alcohol as above, was driving the said car while driving it at the same time and driving the two-lane road in the Hanhae-ri Sgyeong-ri at the same time.

At the same time, there was an intersection with signal lights at the front door, so the driver of the vehicle has a duty of care to reduce the speed to the person engaged in driving of the vehicle and to prevent the accident by looking well at the other vehicles' attitudes in the signal lights and the front side, and even though there was a duty of care to prevent the accident in advance, the defendant neglected to do so in a state where normal driving is difficult such as the signal lights, the defendant neglected to do so due to the influence of the above drinking, and proceeded without reducing the speed, while driving at the front side without reducing the speed, and turn to the left at the front side, the back part of the victim C(37 years old) who was in the signal signal line in order to turn to the left at the front side of the vehicle, and the above part of the driver's BM passenger car in front of the victim's driver's BM passenger car which was parked in front of the vehicle.

Ultimately, the Defendant’s injury to the victim C and the victim G (the 34 years old), who was on board a line of duty as seen above, caused by his occupational negligence, such injury to the base and tension in light of the trend requiring approximately two weeks of treatment, and the victim H (the 46 years old) and the victim I (the 61 year old) need approximately three weeks of treatment.

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