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 became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in the operation of W125 Orala.
On September 22, 2019, at around 23:40, the Defendant driven the above Otoba while under the influence of alcohol of 0.229%, and driven the intersection of the private distance in front of the D Bank located in Dobong-gu Seoul Metropolitan Government C from the side of the E apartment to the Scuk High School Sc.
Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents, such as complying with signals to the person engaged in the driving of the motor vehicle and care for the person walking on the crosswalk.
Nevertheless, the Defendant neglected to drive the brakes in a state where normal operation is difficult due to influence of drinking such as failing to properly identify the objects of the front side and failure to operate the brakes properly, and neglected to enter the intersection as it is, by neglecting the red signal of the front side, and caused the victim F (the age of 28) who walkes the crosswalk to the right side of the road in accordance with the pedestrian signal from the left side of the direction of the eavesd course to the right side of the road.
As a result, the Defendant suffered injury to the victim, such as the return of the aggregate to the right, for about 12 weeks of treatment, due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on internal investigation (related to CCTV surveys), internal investigation reports (CCTV surveys), and investigation reports (related to the application of Madmark);
1. A traffic accident report and a report on detection of a drinking driver;
1. Each written diagnosis;
1. A written appraisal of blood alcohol;
1. Application of the Acts and subordinate statutes to captures and photographs related to accidents, such as field photographs, field photographs, and CCTV images taken by a police officer dispatched to the scene;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 148-2 (3) 1 of the Road Traffic