특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not more than ten 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 a motor vehicle with C highest driver's license in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On May 6, 2018, the Defendant was under the influence of alcohol level of 0.097% among the blood transfusion around 19:30 on May 6, 2018, and was under the influence of alcohol level of 0.097%, and was under the influence of 340-2 “Recognent village” in the south-gu, Chungcheongnam-gu, Chungcheongnam-do.
At the time, it was night, and there was only a limited road without lighting facilities, so the defendant engaged in driving a motor vehicle has a duty of care to check and safely proceed with the previous motor vehicle by checking well the front side.
Nevertheless, the Defendant neglected this and caused damage to the number of trees in need of medical treatment for about 14 weeks, by receiving the back part of the horse-riding which was driven by the victim D ( South, 76 years old) due to the negligence in the course of driving the said vehicle in a situation where normal operation is impossible due to influence of drinking, and caused the victim to suffer damage, such as damage to the number of trees, which requires medical treatment for about 14 weeks.
2. On May 6, 2018, the Defendant: (a) driven a C low alcohol vehicle under the influence of alcohol level of 0.097% at the same time from the front of a mutually unclaimed restaurant located in the Southern-gu, Chungcheongnam-gu, Byungcheon-gu, Byungcheon-do to the front of the entrance of the semi-do village at the same time from May 19:30 on May 6, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A traffic accident report;
1. An accident scene photograph;
1. Notification of the results of regulating drinking driving;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Application of Acts and subordinate statutes to medical certificates and medical opinions;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning the crime (the act of causing bodily injury to the driving of danger) and the Road Traffic Act.