특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for nine 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
1. Around 07:50 on January 19, 2020, the Defendant driven a F SM6 car under the influence of alcohol level of 0.117% in the direction of alcohol level of about 2km from the Do in front of the C in Yongsan-gu, U.S., U.S. to the front of the E in the Goyang-gu, U.S., U.S. D.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving FST6 automobiles.
The Defendant, while under the influence of alcohol concentration of 0.117% in the temporary border referred to in paragraph (1), proceeded along the two-lane two-lane road in the front direction of the E-do located in Sogsan-dong, Sogsan-gu, Sogsan-si.
At the same time, since there is an intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the signals by reducing the speed and by examining the right and the right of the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant was in the front part of the instant car driven by the Defendant, following the victim G (ma, 64 years old)’s HW car standing in the air signal at the front of the road by negligence while neglecting this and driving the vehicle.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as spine flick, for about four weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Investigation report on actual condition, report on the control results of drinking driving, and circumstantial statement of drinking drivers;
1. Application of statutes on site photographs and diagnostic certificates;
1. Relevant legal provisions concerning criminal facts, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of driving at risk), and the choice of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.