특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
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
[criminal history] On February 23, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law at the Changwon District Court’s Tongwon District Court’s branch on February 23, 201, and a fine of KRW 4 million for the same crime at the same court on May 6, 2011.
[Criminal facts]
1. The Defendant is a person engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On November 2, 2016, the Defendant driven the above car at around 20:30, and proceeded with the roads of the D cafeteria in front of the D cafeteria at the S-si. The Defendant was driving from the lower bank to the lower bank.
A person who drives a motor vehicle like the defendant has a duty of care to live well on the front side and the left side, and to protect the center line to prevent accidents.
Nevertheless, the Defendant, while under the influence of alcohol level 0.157% in blood, was unable to drive the said vehicle in a difficult condition to drive normally, was driving the said vehicle at a level facing the negligence in the course of the duty, which affected the central line, and received the back portion of the Flap car of the victim E ( South, 64 years old) driving, as the part front of the Defendant’s driver’s car, and suffered injury to the victim due to the shock, such as the cryp and the dump of the essential part, which requires approximately three weeks of medical treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle B under the influence of alcohol concentration of approximately 0.157% in a section of about 2 km from the road before the bones bed of the west bed, at the time of the day specified in paragraph (1) to the place specified in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. A report on investigation;
1. A survey report on actual condition and a report on the detection of a driver engaged in driving;
1. Photographs and diagnostic certificate;
1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 (1) 1 and 44 of the Road Traffic Act.