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 FK5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On October 8, 2016, the Defendant driven the said car under the influence of alcohol content of 0.184% during blood transfusion around 05:00, while driving the said car, and driving the road of 3rd degree in the way of the flow tunnel, in the Gangnam-gu Seoul Special Metropolitan City, the city speeded approximately 182 km from the IC on the side of the company to the e-mail.
At this point, the speed of restriction is 70 km per hour, and there was a duty of care to safely drive the vehicle by complying with the restricted speed as a person engaged in driving of the vehicle as the victim G (56 Do) driver was in the same lane while driving the vehicle in the same way.
Nevertheless, the Defendant neglected to do so and neglected the duty of the front-time care in a state where normal driving is difficult due to influence of drinking, and led the victim's vehicle behind the vehicle by negligence in violation of 112 km speed at a limited speed, and led the Defendant to the front-hand part of the Defendant's vehicle.
Ultimately, the Defendant suffered injury to the victim G, such as salt, tensions, etc. in need of approximately one week medical care due to the above occupational negligence.
2. While the Defendant was under the influence of alcohol content of 0.184% during the border of the day specified in paragraph 1, the Defendant driven a F K-5 vehicle from the front day of Gangnam-gu Seoul Special Metropolitan City, Gangnam-gu to the front day of the tunnels, Gangnam-gu, Seoul Special Metropolitan City, with a approximately 5km section from the front day of the road in the city of Gangnam-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. G statements;
1. A traffic accident report;
1. Statement of the circumstances of the driver involved in driving;
1. Each report on internal investigation (the sequence 8,9 of evidence list);
1. Application of Acts and subordinate statutes to traffic accident analysis reports and diagnosis reports;
1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.