특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 19, 2020, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) by the Jeju District Court on March 19, 202.
1. On October 3, 2020, the Defendant, while under the influence of alcohol at around 12:15 on October 12:15, 2020, driven the E-Poter Ⅱ truck owned by the Defendant from the front side of the Defendant’s house located in the petition district B at the Cheongju-si to the front side of the D convenience store located in the Gu of Cheongju-si, without obtaining a driver’s license.
As a result, the Defendant violated the provision on prohibition of driving under the influence of alcohol not less than twice by driving a motor vehicle under the influence of alcohol without obtaining a driver’s license.
In the indictment, the facts charged constitute “a person who violates two times or more and violates the same provision again.”
However, in light of the criminal history and the applicable law, it is clear that it is a clerical error.
2. The defendant is a person who is engaged in driving of the motor vehicle Class II cargo in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
At the time of the day specified in paragraph 1, the Defendant driven the above cargo vehicle in a situation where it is difficult to drive normally due to the influence of alcohol as above, and led the Defendant to drive the vehicle at a speed of about 40 km per hour from the front of the Cheongju City to the high speed of about C in front of the Cheongju City as a considerable mountain slope in a wooden park.
At the same time, there was a duty of care to prevent accidents by accurately operating the steering system and steering the steering wheel and the steering wheel.
Nevertheless, Defendant F (the age of 43) is a victim F (the age of 43) due to the negligence of neglecting to drive under the influence of alcohol and proceeding as it is, on the left side of the said cargo vehicle.