특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
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. On July 10, 2018, the Defendant: (a) driven Done Star Cornex under the influence of alcohol concentration of approximately 0.266% from the 2km section from the front of Pyeongtaek-si B to the front of C on the road; (b) around 17:20 on July 10, 2018.
2. The Defendant is a person who is engaged in driving Done Star Corma in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
The Defendant, while under the influence of alcohol concentration of 0.266% during the blood transfusion as stated in paragraph (1), was driven by the said Lone Star Co., Ltd. and continued to drive the said Lone Star Co., Ltd. toward the street and 20%.
Since there is a Y-type road, there was a duty of care to prevent accidents by accurately manipulating the steering and brakes to those engaged in driving of motor vehicles.
Nevertheless, the Defendant neglected to drive under the influence of alcohol and proceeded as it is, due to the negligence of the Defendant’s failure to drive in a normal condition and caused the Defendant to shock the line of the road at the front part of the passenger studio, and shock the fences installed at the front.
Ultimately, the Defendant suffered injury to the victim E (54 tax) who was on board the said Lone Star Co., Ltd. due to the foregoing occupational negligence after being in need of approximately six weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Response to a request for appraisal;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)1 and 44(1) of the Road Traffic Act; and each choice of imprisonment, respectively, with labor for a crime
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):
1. Protection observation;