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
1. Around 02:50 on May 30, 2019, the Defendant driven a vehicle B in the state of under the influence of alcohol concentration of 0.171% at the highest level of 312 prior to the Michuhol-gu Incheon salt farm.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) went along one-lane from the surface of the 6 public corporation construction distance by driving a car by re-conditioning the car on the job at the time and place specified in Paragraph 1. The Defendant, while under the influence of alcohol level of 0.171%, followed by negligence at the center of the yellow domin line in order to overtake the car of the victim E (66 years old) who was going on the road facing the end of the car while driving the car under the influence of alcohol level of 0.171%.
Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt pans, tensions, etc., in need of medical treatment for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A traffic accident report;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and choice of imprisonment for each sentence of imprisonment.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (i.e., the fact that confessions and reflects, the fact that an agreement is made with the victim, and the fact that there is no previous offense in addition to the punishment of a fine for driving under influence of alcohol in 2016);
1. Order to attend lectures under Article 62-2 of the Criminal Act;