특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor 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
The defendant is a person who is engaged in driving a K5-car.
On March 23, 2018, around 09:30, the Defendant operated the said car while under the influence of alcohol concentration of 0.195% in blood, and proceeded from the area of the central hospital to the area of the Incheon Grand Park.
At that time, there was a temporary stop in order to turn to the left by the victim C driver, so in such a case, the driver had a duty of care to accurately manipulate the operation system and prevent the accident by accurately manipulating the operation system if the driver stops a car in good manner.
Nevertheless, the Defendant neglected the victim's vehicle due to the state of the state of the state of the state of the state of the state of the passenger, followed the victim's vehicle and received the left-hand part of the victim's vehicle to the right-hand part of the defendant's vehicle
Ultimately, the Defendant driven the Defendant’s car in a situation where normal driving is difficult due to the influence of drinking, and suffered from the victim C (the remaining, the 55 years old) and the victim E (the 50 years old) who is the passenger of the victimized vehicle, respectively, for about two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A report on the occurrence of a traffic accident and the report on a traffic accident;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act of the Order of Education and the Order of Community Service are as follows, and the defendant's age and gender are committed.