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 engaged in driving of B Poter Cargo Vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On November 6, 2020, the Defendant driven the above cargo while under the influence of alcohol 0.176% from the blood alcohol level around 17:45 on November 6, 2020, and led to the direction of Daejeon Metropolitan City from the direction of the area of the mountain.
Since the Fpoter car driven by the victim E (the South and the North 43 years old) was stopped as a signal atmosphere at the same lane, the person engaged in driving service had a duty of care to accurately operate the steering system, steering system and other devices of the vehicle and to safely drive it.
Nevertheless, the Defendant neglected to do so and received the back part of the motor vehicle in the above Poter as part of the cargo vehicle in front where the Defendant drives by negligence while under the influence of alcohol.
As a result, the Defendant driving the above cargo in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as dynasium and tensions of the bones of wood, which requires two weeks of medical treatment, and injury to the victim G ( South, 43 years of age) who was on board the said dynasty vehicle, such as dynasium and tensions that require two weeks of medical treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) from the day front of the Simsan-si, Simsan-si, Hamsan-si, as described in paragraph (1), driven B-bow cargo under the influence of alcohol concentration of about 0.176% in the area of approximately 6km in front of the D-si, the site of the accident as described in the above paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A survey report on actual conditions;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in 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 as to the crime under the corresponding provisions of the Act.