특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 5, 2017, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Changwon District Court’s Tong-gu branch.
The defendant is a person who is engaged in driving of the BNS car.
On September 18, 2019, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.184% at around 19:45 on September 18, 2019, while driving the vehicle once or more as above, and proceeded at about 60km from the west side to the west-dong one lane in the speed of 3-lane.
At night, it is an intersection where signal lights are installed at the front, so the driver has a duty of care to reduce the speed to the person engaged in the driving duty and to keep the other vehicles' attitudes in the signal lights and the front door, and to prevent the accident in advance.
Nevertheless, the Defendant neglected driving in a state where normal driving is difficult due to influence of drinking, and did not see the front and proceed without reducing the speed, and followed the left-hand part of the DMF7 car driven by the stop signal in the same direction and continued to take the part behind the right-hand part of the NA7 car driven by the stop signal in accordance with the stop signal in front of the above SM7 car, and received the driving part after the left-hand part of the FK5 car driven by the victim E (n.e., the age of 48) under the stop signal in front of the above SM7 car and received the driving part in front of the right-hand part of the NA7 car.
Ultimately, the Defendant suffered from the injury of the victim E and the victim G (the age of 48) who was on board the said K5 car due to the above occupational negligence, for each three-day medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each report on investigation;
1. Notice of the results of the crackdown on drinking driving and a report on actual condition survey;
1. Each written diagnosis;
1. Criminal records, inquiry reports, and criminal records of the same kind;