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 is a person engaging in driving a rocketing car.
On November 24, 2017, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.137% from blood transfusions on November 24, 2017, and led the said vehicle to the intersection of the eukuk-dong located in the direction of the upper ambri-dong.
At this point, in the case of an intersection where signal lights are installed, the driver had a duty of care to live well on the right and the right and the right and the right and the right of the driver and to operate the steering wheel and the system accurately.
Nevertheless, the Defendant’s negligence of driving a vehicle under the influence of alcohol due to the influence of alcohol and shocked the part behind the victim C (the 45-year-old driver) driving that was under the stop pursuant to the stop signals at the front of the vehicle.
As a result, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, resulting in the victim's scarbling of the wall after the chesting that requires approximately two weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. The circumstantial statement report and the circumstantial report of the driver at the main place of business (whether to drive any danger or not);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;
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 fact that the defendant's negligence on the grounds of sentencing in Article 62-2 of the Social Service Order Criminal Act is very large, the defendant's previous convictions of fine are one time, the defendant's reflects on the other hand, the vehicle is covered by a comprehensive insurance, the degree of injury is not excessive, the above previous convictions have passed for at least ten years, and the defendant's age, sex, family relationship, environment, etc.