특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for a term of one year and two 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
On November 29, 2017, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court as a crime of violation of the Road Traffic Act.
The defendant is a person who is engaged in driving a car in a SP area B.
On September 2, 2019, at around 23:40, the Defendant driven the above vehicle while under the influence of alcohol of 0.239 percent of alcohol concentration, and led to the driving of the vehicle in front of the Seocheon-si C along the same lane from D room to the middle-dong ICT outflow.
The defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes.
Nevertheless, the Defendant neglected to drive a vehicle normally due to drinking, while driving the vehicle in a two-lane way, and was going ahead of the Defendant’s vehicle by the victim E (I, 54 years old) driving, and received the back part of the Fststa taxi driving ahead of the Defendant’s vehicle. The Defendant received the back part of the Fststa taxi driving in front of the Defendant’s vehicle by stopping the vehicle again and taking a speed back.
In the end, the Defendant violated the Road Traffic Act (driving) more than twice, and caused the injury of the victim E by driving a motor vehicle in a situation where normal driving is difficult due to drinking, and causing the injury of the victim E such as the salt, tension, etc.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. The report on the actual condition of traffic accidents, the report on the actual state of the driver, and the report on the actual state of the driver's license;
1. Capturing photographs of damaged vehicles and black images of damaged vehicles;
1. A medical certificate;
1. Previous convictions: Inquiry into criminal and investigation records, investigation reports (a copy of summary order), and copies of summary order Acts and subordinate statutes;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.