특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
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
1. On September 19, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a Big Vehicle B with blood alcohol concentration of 0.180% under the influence of alcohol level on September 7, 2018, while driving it, and driving it at the same time in the same time as those of D real estate located in Ilyang-dong, Busan Metropolitan City.
At the time, night was at night and there was no center line, so in such a case, there was a duty of care to properly operate the steering staff by properly manipulating the steering and steering gear while living well.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving on the right side of the Defendant’s vehicle, and the victim F (the age of 52) who was parked on the right side of the Defendant’s vehicle driving, was shocked into the front side of the Defendant’s vehicle.
As a result, the Defendant was able to drive a car in a state where normal driving is difficult due to influence of drinking, and the Defendant was able to suffer injury, such as salt, tension, etc. in the trend requiring approximately two weeks of treatment.
2. The Defendant violated the Road Traffic Act (driving a sound driving) was driving a mixed big vehicle in B while under the influence of alcohol at a section of about 500 meters of blood alcohol concentration of about 0.180% from the section of about 500 meters from the French-dong, Yongsan-gu to the place specified in paragraph (1) of this Article.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. The actual condition of traffic accidents;
1. Photographs of the accident site;
1. Notification of the control of drinking driving;
1. Statement on the circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;
1. Selection of each sentence of imprisonment;
1. The Criminal Act among concurrent crimes.