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
【The Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving in Drinking) in support of Sungnam-gu Office of Suwon on November 17, 2008, and a summary order of KRW 700,000 for the same crime in the same court on February 25, 2008.
【Criminal Facts】 The Defendant driven a BF rocketing vehicle.
On June 11, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.232% at around 00:03, while driving the said vehicle in a state where normal driving is difficult due to the influence of alcohol, and faced the center line to the direction of the Defendant’s running on the right side at the front jum parking lot located in Gwangju-si, Gwangju-si, the Defendant sustained the part of the victim C (54 years old) driver’s left-hand corner on the right side of the vehicle of the Defendant, which was facing the center line, leading to the direction of the Defendant’s running on the top side of the back side of the vehicle of the Defendant, while driving the said vehicle at the right side of the victim E (57 years old) who stopped on the right side of the vehicle of the Defendant, and suffered injury to the victim, such as the victim’s injury, during the course of driving on the back side of the said vehicle of the Defendant, during which the Defendant was driving on the right side of the vehicle of the victim E (the victim).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement by the police of each victims;
1. Reports on traffic accidents, reports on occurrence of traffic accidents, notification of the results of crackdown on drinking driving, report on the circumstances of drivers who take driving, photographs and respective medical certificates;
1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);
1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (as to the aggravated punishment, etc. of each specific crime)