특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for six 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.
Criminal facts
1. On July 3, 2018, the Defendant was under the influence of alcohol content of 0.121% during blood transfusion on July 3, 2018, the Defendant driven C A5 vehicle from the 1km section from the roads near the Songpa-gu Seoul Metropolitan Government Geum-dong to the roads in front of the same Gu.
2. The Defendant was driving the E-wheeled vehicle of the victim D (34 years old) who was waiting in the signal signal at the front of the said vehicle due to the Defendant’s failure to properly operate the two-lane of the road in front of Songpa-gu Seoul along the two-lane in the direction of the offline of the offline of the offline, while driving the vehicle under the influence of alcohol content 0.121% as of the day and the day set forth in paragraph 1 above, while driving the vehicle under the influence of normal driving is difficult due to the influence of alcohol level 0.121%, while driving the vehicle under the influence of normal driving.
As a result, the Defendant suffered injury to the victim, such as salt dump, tensions, etc. in need of approximately three weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement on the occurrence of a traffic accident under DNA preparation;
1. A survey report on actual conditions;
1. Vehicle photographs;
1. A report on the inspection records of drinking alcohol, a report on the detection of a driver involved in drinking, and a report on the circumstances of the driver involved;
1. A medical certificate;
1. Application of the Act and subordinate statutes to the investigation report (the above dmark formula);
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment with prison labor) concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of causing danger driving, the choice of imprisonment with prison labor, etc.);
1. Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes stipulated in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and the punishment for two concurrent crimes shall be aggravated: Provided, That the lowest sentence shall be determined by the lower limit of the punishment specified for the crimes of violation of Road Traffic Act;
1. Article 62(1) of the Criminal Act (the following sentencing grounds are advantageous to the suspended sentence).