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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a mixed car B.
On September 20, 2018, the Defendant driven the said car on September 20:15, 2018, while under the influence of alcohol by 0.288% of the blood alcohol concentration, the Defendant driven the two-lane road in front of the D in order to drive the said car at a speed of about 10km per hour from the nearest distance of the National Bank of Korea to the nearest distance of the E restaurant.
In this case, there was a duty of care to prevent accidents in advance by accurately operating the steering and steering gear of the driver of the vehicle well, and by accurately manipulating the steering and operating devices.
Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to accurately operate the brake system, and caused the victim F (58 years of age to cross the road from the right side to the left side) to go beyond the ground by taking the victim F (58 years of age) who cross the road from the right side into the front part of the vehicle of the Defendant.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as a hot spring, which requires medical treatment for about two weeks.
2. Around September 20:15, 2018, the Defendant was driving a mixed-cR-V car in the state of alcohol with approximately 1k section of approximately 0.288% of blood alcohol concentration from the 1stm section of the H cafeteria located in G to the front road located in the Hacheon-si, Macheon-si. < Amended by Act No. 13688, Sep. 2018>
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. The circumstantial report;
1. A traffic accident report (1) (2) actual survey report;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. A medical certificate;
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts and the former Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is selected