특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a K5-car.
At around 08:40 on October 6, 2018, the Defendant driven the said K5 vehicle with a blood alcohol concentration of 0.186%, and continued to drive the said K5 vehicle along the three-lanes between five lanes from Seoul to five-lanes.
At the time, the front door door door door door door door door door door door door door, and the speed of the place is 90 km a speed, so in such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent an accident by driving the motor vehicle at a speed that reduces 20/100 of the maximum speed and by properly examining the front door door and the right and the right and the right of the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at a speed exceeding 42 km per hour, and was negligent in driving on the 3-lanes without properly examining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the driving of the victim C(59 years old) driving on the 3-lanes of the above K5 vehicle.
Ultimately, the Defendant driven the said K5 vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and suffered from the injury of the victim, such as climatic salt, tension, etc. which requires approximately two weeks medical treatment due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual condition of traffic accidents;
1. Report on the circumstantial statement of a drinking driver, investigation report, and control results of drinking driving;
1. A report on investigation (the result of appraisal at the speed of a hazard-preventive vehicle);
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 (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the Road Traffic Act; and each of the imprisonment options.