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
1. Around 00:50 on May 23, 2019, the Defendant driven a motor bicycle under the influence of alcohol of 0.184% of blood alcohol concentration from a section of approximately 200 meters from the front line of the mutual influence in the military automation in Gwangjin-gu Seoul Special Metropolitan City to the front line of the Seoul Gwangjin-gu Seoul Special Metropolitan City.
2. On May 23, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above motorcycle while under the influence of alcohol of 0.184% in blood alcohol concentration on May 23, 2019, and made the two-way Seoul Special Metropolitan City Gwangjin-gu turn to the left at a speed of 40 to 50km at a speed of 40 km in front of B, Seoul Special Metropolitan City.
At the time, since it is at night and there is no traffic control at all times, in such cases, when there are other vehicles intending to go straight through the intersection, the driver of the vehicle must yield the course to the other vehicle, but the victim D (year 51) who was in the right turn due to negligence and left turn at the opposite road under the influence of alcohol as above, e.g., the front part of the EF car driven by the victim D (year 51) who was in the right turn.
As a result, the Defendant suffered injury, such as salt, tension, etc., by negligence in the course of performing duties, in a situation where normal driving of the said motor vehicle is difficult due to the influence of alcohol, which requires approximately two weeks medical treatment to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement on the occurrence of D traffic accidents;
1. A report on detection of a host driver;
1. Accident video CDs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.