특정범죄가중처벌등에관한법률위반(위험운전치사상)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 car BK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).
On February 11, 2016, the Defendant driven the said car under the influence of 0.131% alcohol concentration during blood transfusion at around 03:19, while making it impossible to drive the car normally, and, at the same time, the Defendant driven the said car at a speed of 0.131%, the three-lane of the three-lane road in front of the D cafeteria located in the Full-gu Seoul Metropolitan City, Jeonju-si.
In such cases, all drivers are prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to safely drive a motor vehicle, such as making a well-time traffic situation, accurately operating steering gear and brakes.
Nevertheless, the Defendant neglected to do so and received the boundary stone of India on the side of the running direction due to negligence while under the influence of alcohol as seen above, and turned to the left side due to that shock, and led vehicles to move to the center, while moving to the center.
As a result, the Defendant had the victim E (tax 25) (tax 25) who was on the top of the operation of the said vehicle by negligence while driving the said vehicle under the influence of alcohol that it is difficult to drive the vehicle normally due to the influence of alcohol, suffered injury by the Defendant, such as the closure frame of the part 2 above L2, which requires approximately 12 weeks medical treatment.
2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant under paragraph (1) while under the influence of alcohol level of about 0.131% in the section of about 3km from the G main point in G located in Yansan-gu, Seoul Special Self-Governing Province to the place like paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Reports on traffic accidents, on-site and vehicle photographs;
1. A report on the detection of a driver who is engaged in driving, a report on the circumstances of the driver who is engaged in driving, a report on whether to drive any danger, or a driver of drinking;