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.
Punishment of the crime
1. The Defendant is a person who is engaged in driving a vehicle B with the intention to drive a vehicle B.
On March 22, 2018, the Defendant driven the said car with a alcohol content of 0.138% 0.138% while driving the said car at around 03:09, the Defendant was under the influence of drinking, while driving the road of three-lanes along two-lanes from the right edge of the Dongsang-dong, Bupyeong-gu, Incheon, the Defendant was under the influence of drinking, and the Defendant was under the influence of leaving the vehicle and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and interest of the D
Ultimately, the Defendant suffered injury, such as dump salt, tension, etc., from the victim E (37) who was on board the taxi due to the foregoing occupational negligence in need of approximately two weeks medical treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle under the influence of alcohol with 0.138% alcohol concentration in blood at the time and place specified in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of F and E;
1. Application of Acts and subordinate statutes to a traffic accident report, investigation report, diagnosis report, response to a request for appraisal, report on detection of a primary driver (blood collection), and the application of Acts and subordinate statutes;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there exists no history of punishment heavier than a fine due to the crime of the same kind, the fact that the damage is relatively minor, and the fact that the automobile comprehensive insurance is subscribed);
1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;