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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The defendant is a person who is engaged in driving a Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On August 18, 2018, the Defendant driven the above vehicle with alcohol content of 0.114% in a state of difficulty in normal operation due to the influence of alcohol 0.14% during blood transfusion, and driven the road of 7 lanes in front of Gangnam-gu Seoul Metropolitan Government from the Gyeonggi High School to Samsung Station, and entered the KEX-distance Intersection.
Since there is an intersection where signal lights are installed, there was a duty of care to reduce speed and drive safely according to signals.
Nevertheless, under the influence of alcohol, the Defendant neglected the vehicle driving signal while disregarding that the vehicle driving signal is a stop signal, and by negligence, followed by the signal signal, etc., was driven by the victim D(47 S) driving, who normally cross from the direction of the lock-out room to the normal intersection from the direction of the lock-out stadium, was driven by the front driver of the Defendant driving vehicle.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately four weeks of medical treatment.
2. On the date and time set forth in paragraph 1, the Defendant was under the influence of alcohol with 0.114% of alcohol concentration in blood, and the Defendant was driving a chip car at approximately approximately 18km from the roads near the Seoul Special Metropolitan City, Nowon-gu to the roads in front of Seoul Gangnam-gu Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. A notice of the results of regulating driving of drinking alcohol;
1. Medical certificate (D);
1. Accident video (ROM);
1. Investigation reports (official application of the aforementioned dmark), investigation reports (verification of images recorded in the operation of suspect vehicles) and the application of statutes;
1. Relevant provisions of the Act concerning facts constituting an offense;