특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is a person who is engaged in driving of a vehicle B with low risk driving (the injury or injury caused by risk driving) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes
On January 2, 2017, the Defendant driven the said car with a alcohol content of 0.203% 0.203% in blood around 01:40, while under the influence of alcohol, and continued to drive the said car in the direction of 1360 m. 3 square meters in southyang-si at the southyang-si.
In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to make sure that the driver of a motor vehicle has a good reason to report the traffic situation and accurately manipulate the steering gear, etc. to prevent accidents.
Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive under normal conditions while driving, and was able to drive the victim C (V, 55 years old) who was in the atmosphere of signal at the front of the Defendant.
Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment.
2. On January 2, 2017, the Defendant: (a) driven a motor vehicle with B low alcohol content of at least 0.203% from the 1km section to the place where the instant accident occurred, at around 01:40, the Defendant was under the influence of alcohol at around the 1km section of the blood alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Notification of the survey report on actual condition, on-site photographs, a statement on the circumstances of driving a drinking, and the results of regulating drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.