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
[Power of crime] On February 10, 2003, the Defendant was issued a summary order of 1.5 million won, which is sentenced to a fine for a violation of the Road Traffic Act (drinking driving), at the Cheongju District Court on May 20, 2005, and issued a summary order of 2 million won, due to a violation of the Road Traffic Act (drinking driving), at the Suwon District Court on May 20, 2005. On January 28, 2010, the Defendant was issued a summary order of 3 million won, which is sentenced to a fine by the Seoul East District Court on the ground of a violation of the Road Traffic Act (drinking driving).
[Criminal facts]
1. On October 25, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven by CWz car with alcohol concentration of 0.203% in the blood transfusion around 04:40 on October 25, 2016, and led the roads of five lanes in front of Seoul Gangnam-gu, Seoul to proceed along the two-lane in the direction of each salary tunnel in the vicinity of the shooting distance.
At the same time, the victim E(53) rocketing taxi was in the atmosphere of the signal signal, and thus the defendant who drives a motor vehicle had a duty of care to prevent the accident, such as reducing speed, etc., while driving the front door.
Nevertheless, the Defendant was negligent in performing his/her duty of care in a state where normal driving is difficult due to influence of drinking, while neglecting his/her duty of care in a state where normal driving is difficult, and received the back part of the said taxi as the front part of the Defendant’s vehicle.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the three-day period of medical treatment.
2. On October 25, 2016, the Defendant was under the influence of alcohol level of 0.203% among blood transfusion around 04:40 on October 25, 2016, the Defendant driven Cenz automobiles at approximately 3 km from the roads front the school basin in Gangnam-gu, Seoul to the front road in Gangnam-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of the occurrence of a traffic accident prepared by E;