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 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 engaged in driving a B K5
On May 1, 2019, the Defendant driven the above vehicle at around 01:12, and moved the intersection of the C elementary school in front of the D Elementary School in C at the Si interesting City, along the three-lanes between the two-lanes in the direction of E Corporation.
Since there is an intersection with a signal apparatus installed, there was a duty of care to prevent traffic accidents and to operate safely by accurately manipulating the steering left and right of the driver and the steering system of the driver.
Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.152%, was unable to drive normally due to the negligence of driving the said vehicle, was shocked by the Defendant’s vehicle ahead of the driver’s seat on the driving of GL(44 years old) at the left turn at the right-hand turn at the right-hand direction of the operation of the said vehicle.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the said victim and the said passenger H(27 years of age) for approximately two weeks in need of medical treatment.
2. Around May 1, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) and driven a BK5 vehicle under the influence of alcohol with approximately KRW 21 km from the section 21km of alcohol to the D elementary school located in Silung-dong, Bupyeong-gu, Incheon Metropolitan City to the D elementary school located in Silung-si, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. A traffic accident report (1) (2);
1. Each written diagnosis;
1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents, the report on the state of driver's standing and statement, and the control of drinking driving;
1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of injury caused by dangerous driving) concerning the crime as provided in the corresponding Act.