특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Criminal facts
On March 26, 2008, the defendant was sentenced to imprisonment for four months for the violation of the Road Traffic Act in the pure support of the Gwangju District Court on March 26, 2008, and the same power is five times in total.
The Defendant is a person engaged in driving BM5 vehicle volume. On May 12, 2020, the Defendant was able to drive a horse normally due to the influence of blood alcohol level of 0.176% on May 12, 2020. However, even though it is impossible to drive a vehicle under the influence of alcohol level of 0.176% on May 12, 202, such as the walk is protruding and the snow is shocked, the Defendant was driving the above vehicle and driving the front road of C apartment in the direction of D apartment.
Since the location is a tri-distance intersection installed by signal apparatus at the front side, a person engaged in driving service has a duty of care to safely operate the steering area and the right and the right and the right and the right and the right, and to prevent the accident by safely operating the steering and the steering system.
However, under the influence of alcohol, the Defendant was under the influence of alcohol, while neglecting the above duty of care in the front direction, and received the part of the front direction of the vehicle driven by the Defendant, following the FSP car driven by the victim E (V, 65 years old) in the front direction of the vehicle driven by the Defendant.
As a result, the Defendant violated the regulations on the prohibition of drunk driving twice or more, and suffered from the victim E, a motor vehicle in a situation in which normal driving is difficult due to influence of alcohol, such as the salt and tension of the shoulder pipe, which requires approximately two weeks of medical treatment, and the victim G (V, 63 years of age) who is a passenger of the above spke vehicle, with no open two places of treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The circumstantial statement of a drinking driver, the circumstantial report (whether or not a drinking driver is in danger), the medical certificate (E and G) on actual condition, and the on-site examination of a traffic accident as a result of the control of drinking driving;
1. A previous conviction in judgment: