특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for six 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
The defendant is a person who is engaged in driving of a Class B or III cargo vehicle.
On July 29, 2018, the Defendant driven the foregoing vehicle under the influence of alcohol concentration of 0.175% from the blood alcohol level on July 29, 2018, and led to the rapid speed of the road prior to the control of 1967 times as Isan City hot spring level from the budget to the tent of the river.
At the time, the Defendant had a duty of care to properly operate the steering gear and brakes and prevent accidents, even if he/she is driving, inasmuch as he/she was under the influence of alcohol, in a state where normal driving is difficult, such as in-depth, walk-out, snow shock, etc., and other vehicles were stopped in the signal atmosphere. In such cases, he/she is not under the influence of alcohol to a person engaged in driving a motor vehicle, and even if he/she is driving, he/she has a duty of care to properly operate the steering gear and brakes, and prevent accidents.
Nevertheless, the Defendant neglected this and was negligent in driving while under the influence of alcohol while driving normally, and the part of the back part of the victim C (the 25-year-old driver) who was under the influence of traffic signal at the bend bend of the said vehicle was placed in the front part of the said vehicle.
As a result, the defendant suffered salt, tensions, etc. from the victim for about two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A survey report on actual conditions;
1. On-site photographs;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. A medical certificate;
1. Application of Acts and subordinate statutes to investigation reports (victim C telephone communications);
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;