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 became final and conclusive.
Punishment of the crime
1. On June 19, 2017, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act from the Changwon District Court.
around 05:05 on December 2, 2019, the Defendant driven a vehicle of 2.8m alcohol concentration at approximately 0.140% under the influence of alcohol level 0.140% from the French-dong, Mapo-gu, Seoul to the front road of 1122-3 DMC Station No. 7, Mapo-gu, Seoul.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. On December 05, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DMF) driven the car indicated in paragraph 1 while under the influence of alcohol at least 0.140% of blood alcohol concentration, around 05:05, the Defendant driven the car set forth in paragraph 1 in front of the exit exit No. 1122-3 DMF, Mapo-gu, Seoul, Seoul, along with two-lanes toward the search station from the edge of the region.
In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front door well, as well as to not drive the motor vehicle in a state where normal driving is difficult due to influence of drinking.
Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (hereinafter referred to as 61 years old) who was standing in the same lane due to negligence while under the influence of alcohol, and was driven by the Defendant in front of the car driven by the Defendant.
Ultimately, the Defendant, while driving a car in a situation where normal driving is difficult due to influence of drinking, caused the victim E (the 62 years of age) who boarded the taxi of the said C and the said C to suffer injury, such as salt, tension, etc. in each of the two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each traffic accident report;
1. Making a review of the results of the control of drinking driving (13 pages of investigation records);
1. A copy of each written diagnosis;
1. Judgment.