특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for a term of one year and two 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving a ra
Around 06:30 on July 14, 2019, the Defendant was under the influence of alcohol with 0.135% of blood alcohol concentration, and the Defendant proceeded four-lanes in front of the shooting distance, which is located in 508, Dobong-gu Seoul Metropolitan Government Dobong-ro, along the two-lanes from the sloping basin to the Dobong-gu Community Center.
A person engaged in driving motor vehicles has a duty of care to live well on the front side and the left side and to accurately operate the steering and brake system and to safely proceed with it.
Nevertheless, under the influence of alcohol, the Defendant neglected to perform the duty of an all-time care in a state where normal driving is difficult, and thereby received the back part of the D-wing and the back part of the D-wing and the truck driven by the victim C (year 47) who was in the atmosphere of the signal in front of the Defendant’s vehicle.
The Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment due to occupational negligence.
2. The Defendant was driving a vehicle while under the influence of alcohol level of 0.135% without a driver’s license at the section of about about 15 km from a fluence place in Mapo-gu Seoul Metropolitan Government to the above accident site at the time and time set forth in paragraph (1) of the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Investigation report (report on the circumstances of the driver), investigation report (in relation to the application of the Tramark formula), investigation report (in relation to the victim’s C telephone statement hearing);
1. Investigative into the actual condition of a traffic accident report, the report on the detection of a drinking driver, the report on the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;
1. A medical certificate;
1. Application of Acts and subordinate statutes to on-site and vehicle photographs (record No. 21 of investigation records);
1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes