특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight 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
[criminal history] On September 14, 2012, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on September 14, 2012, and a summary order of KRW 7 million for the same crime at the same court on August 4, 2014.
[Criminal facts] The Defendant is a person who is engaged in driving a car XG.
On November 7, 2017, the Defendant driven the said car without obtaining a driver's license under the influence of alcohol level of 0.124% from blood alcohol level from around 06:45 on November 7, 2017, and led the Defendant to bypass the road front of the branch office of the Saemaul Undong Cooperative, Incheon Southern-gu, to the air guard of the government elementary school.
A driver of a motor vehicle has a duty of care to prevent accidents in advance by properly manipulating the steering direction and brake system in a way that well sees the steering direction and the left and right of the motor vehicle.
Nevertheless, the Defendant neglected to drive under the influence of such drinking as above, and caused the Defendant’s injury, such as the victim D (W, 46 years old) who has ceased to stop the signal atmosphere on the left side of the driving due to his negligence, and caused the Defendant’s injury to the Defendant, by taking the instant Tra XG car into the Defendant’s car in need of approximately 2 weeks medical treatment, such as the troke, pelvis, and the erode and tension of the upper part, which require approximately 2 weeks medical treatment.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of the driver involved in driving;
1. A traffic accident report;
1. Each photograph;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. A medical certificate;
1. Investigation report (victim D telephone communications);
1. Previous convictions: Inquiry of criminal history and the application of Acts and subordinate statutes to investigation reports (the confirmation of criminal suspect's previous convictions);
1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime, and Article 148-2 (1) 1 of the Road Traffic Act.