특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On November 10, 2010, the Defendant was issued a summary order of KRW 5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
1. The Defendant is a person engaged in driving a spke vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
On August 21, 2020, the Defendant driven the above vehicle while under the influence of approximately 0.189% of alcohol concentration around 13:47 on August 21, 2020, and driven the road near Gangnam-gu Seoul Metropolitan Government at a speed that would not be known by the two-lanes between the five-lanes in length and the horizontal distance outflow.
On the right side of the defendant's vehicle, the victim D(n, 58 years old) is driving, and the defendant was trying to change the course to the right side line, so in such a case, the driver of the vehicle has a duty of care to accurately operate the steering and steering gear and to prevent traffic accidents in advance by changing the course in a safe way.
Nevertheless, the Defendant neglected this and did not live well in the situation where normal operation is impossible due to influence of drinking, and caused the Defendant’s negligence in the course of duty to change the lane to the right side of the Defendant’s driving E-3 vehicle behind the victim’s driving driven in the front side of the Defendant’s vehicle, which led to the shock of the front part of the Defendant’s vehicle.
Ultimately, the Defendant driven a spke vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as the sprinke, tension, etc. in need of medical treatment for about three weeks.
2. On August 21, 2020, the Defendant was under influence of approximately 0.189% of alcohol concentration in blood around 13:47 on August 21, 2020, driving B Spke vehicles at approximately 1.5km from the roads near the Songpa-gu Seoul Metropolitan City Spak Station to the roads near Seoul Gangnam-gu Seoul.