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. On May 27, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving a BM3 car while under the influence of alcohol of 0.134% of blood alcohol concentration in the front of the family intersection lane 66, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, drive a BM3 car in the direction of the C apartment, and proceeds at a non-speed speed depending on one lane between the two lanes in the direction of the new direction in the direction of the C apartment.
At the time, there was another vehicle driving in the same direction on the front side of a vehicle operated by the Defendant, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as taking the front side and left side well, and accurately operating the steering wheel and brakes.
Nevertheless, the Defendant was negligent in failing to properly operate the operation system under the influence of alcohol and received the back portion of the victim D(64 years of age)’s E-Malaysia car, which was temporarily stopped from the front bank to the signal atmosphere, as the front portion of the above SM3 car.
As a result, the Defendant driven the said SM3 car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt, tension, etc., which requires approximately two weeks medical treatment to the victim.
2. The Defendant was driving a BM3 vehicle under the influence of alcohol concentration of about 0.134% from the 3km section of approximately 3km from the 3km-ro Incheon Seo-gu Incheon Western Island to the front road of the same Gu, at the time and time set forth in paragraph (1) of the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A medical certificate;
1. A report on the occurrence of a traffic accident, on-site photographs, and a actual condition survey report;
1. Application of Acts and subordinate statutes to notification of the circumstantial statements, investigation reports, and results of the regulation of drinking driving;
1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.