특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
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
The defendant is a person who is engaged in driving a motor vehicle B.
On March 18, 2020, the Defendant driven the said vehicle under the influence of alcohol of 0.148% with a blood alcohol concentration of 0.148% on the ground that it is difficult to drive the vehicle normally, and continued two-lanes of the two-lane roads in front of the “D” located in the Yansan-gu Seoul Special Metropolitan City, Jeonju-si, by driving the said vehicle under the influence of alcohol at a 0.148% on March 18, 202.
The defendant had a duty of care to safely operate the steering and steering system of the victim E(53 years old) driving in the same direction. Thus, the defendant had a duty of care to live well, maintain the safety distance, and safely manipulate the steering and operating the steering system.
Nevertheless, under the influence of alcohol, the Defendant, while neglecting the above duty of care, was negligent in driving a motor vehicle in excessively close vicinity to the said motor vehicle, and was found late to stop the said motor vehicle according to the stop signal and was taking prompt action. However, the Defendant received the back portion of the said motor vehicle as the front part of the motor vehicle operated by the Defendant.
The Defendant suffered injury to the victim, such as salt ties, tensions, etc., which require approximately two weeks of medical treatment due to occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to E by the police;
1. The actual condition survey report;
1. Notification of the control of drinking driving, a report on the circumstances of drinking drivers, and a report on whether to drive any dangerous motor vehicle;
1. A medical certificate;
1. Application of statutes on the site and vehicle photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020 and enforced May 5, 2020), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, Articles 148-2 (1) of the Road Traffic Act, and choice of imprisonment for a sentence
1. Article 37 of the Criminal Code among concurrent crimes.