특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is a person who drives Bone Star Car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On January 7, 2017, the Defendant, while under the influence of alcohol 0.240% during blood transfusion around 22:00, tried to enter the said car as one-lane by driving the said car parked in a two-lane road in front of the D cafeteria in Pyeongtaek-si C.
In such a case, even though whether a person engaged in driving of a motor vehicle is driving a motor vehicle driving at the rear side of the direction, it is well examined whether the motor vehicle is driving a one lane in the rear side of the direction, and it is difficult for the motor vehicle to drive the motor vehicle in a normal condition of the motor vehicle under the influence of alcohol such as being dykeed and red, the motor vehicle owner entered the motor vehicle as it is without fulfilling the above due care and entered the motor vehicle into the front left side of the motor vehicle of the victim E (the 55-year-old driver) who is driving the motor vehicle in the front side of the motor vehicle.
Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as dump dump, tension, etc., which requires approximately two weeks of medical treatment.
2. The Defendant is under the influence of alcohol level of 0.240% in blood transfusion at the same time and place as the above paragraph 1 of the Road Traffic Act (drinking driving) and the traffic law violation (drinking driving). As above, the Defendant driven the said car at a volume of about 3 meters from a road to a single lane without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A survey report on actual condition, a report on the circumstances of main driving, and an appraisal report on alcohol during blood;
1. Application of Acts and subordinate statutes to a medical certificate and a ledger of driver's licenses (including documents No. 14 in the evidence list);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) and Article 148-2 of the Road Traffic Act concerning the crime.