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
1. The Defendant is a person engaging in driving a rocketing cargo vehicle that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes
On August 31, 2019, the Defendant driven the above cargo while under the influence of alcohol 0.192% of the blood alcohol level around 20:00, and led the front road of the Seoul Jung-gu to the direction of the net distance on the side of the net side.
Since the Defendant changed the lanes into three lanes while driving in four lanes, the Defendant had a duty of care to change the lanes in the course of duty as a person engaged in driving of a motor vehicle, considering the traffic situation of the front and rear left.
Nevertheless, under the influence of alcohol, the Defendant neglected this and neglected to change the vehicle line to the left-hand side, and thereby, got the left-hand side of the victim D(35 years of age) driving, which was parked in a traffic vehicle on three-lanes, into the right-hand side of the cargo vehicle of the Defendant.
Ultimately, the Defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim F, who was on board the said food vehicle, such as salt ties, tensions, etc. in need of treatment for about two weeks, and suffered injury to the victim F, who was on board the said food vehicle, such as chills, tensions, etc. in need of treatment for about two weeks.
2. A violation of the Road Traffic Act (driving) was driven by the Defendant on the 50-meter section of 0.192% of the blood alcohol concentration from the front of a cafeteria in the Jung-gu Seoul, Jung-gu to the place referred to in the preceding paragraph at the same time as that of the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of D and F;
1. Investigation report on the actual condition of traffic accidents, report on the circumstances of a drinking driver, investigation report, and inquiry into the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.