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
The defendant is a person who is engaged in driving a radar car.
1. On September 12, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.171% without obtaining a driver’s license from the second lane of the Seocho-gu Seoul Seocho-gu Seoul, to the first lane of the same road, around 04:35 on September 12, 2018.
2. On September 12, 2018, the Defendant driving the said vehicle under the influence of alcohol concentration of 0.171% in blood around 04:35 on September 12, 2018, and started the vehicle from the second lane of the Seocho-gu Seoul Metropolitan Government Road.
At the same time, there are nights, and the defendant tried to change the vehicle line into one lane, so in such case, the driver has a duty of care to keep the rear side and the left side well, to manipulate the direction, etc. and to send the signal to other drivers, and to proceed in a safe way.
Nevertheless, under the influence of alcohol, the Defendant neglected it and did not properly examine the backside and left-hand side, and did not change the course of the same direction as the Defendant, and caused the victim D(61) driving, which was proceeding the same direction as the Defendant, to shock the door of the top part of the Defendant’s driving, into the front part of the Defendant’s driving car.
As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury to the victim, such as the salt, tension, etc. on the part of the pipe, which is obscure in detail, requiring medical treatment for about a week.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Notification of the results of regulating the driving of alcohol and the driver's license register;
1. Photographs of an accident vehicle;
1. Blue boxes and video CDs;
1. A written statement on the occurrence of traffic accidents;
1. Application of Acts and subordinate statutes of a medical certificate;
1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes