특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not more than ten months.
except that 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 a person engaging in driving a motor vehicle B.
On October 18, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.108% with blood alcohol concentration of 0.108% on October 22:23, 2018, and led the road of four-lanes in front of Jongno-gu Seoul, Jongno-gu, to drive the road of four-lanes in front of Jongno-gu, Seoul, along three-lanes from the end to the end.
At the time, since it is night and its location is a road where a lane is installed, the driver of the motor vehicle has a duty of care to ensure the safe operation by accurately operating the steering system, brakes and other devices of the motor vehicle while driving the motor vehicle along the lane well by reporting the traffic situation on the front side.
Nevertheless, the Defendant neglected to operate the steering gear while under the influence of alcohol and failed to properly operate the steering gear, and caused the loss of the victim D(65 years old) who was parked on the four-lane side by neglecting the three-lane while driving the steering gear, and led the victim D(65 years old) to the left side of the gate part of the gate in front of the right side of the Defendant driving vehicle.
After all, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as external shock, etc. of a critical signboard which requires approximately four weeks of medical treatment.
2. The Defendant was under the influence of alcohol content of 0.108% on the date and time set forth in paragraph (1) of the Road Traffic Act, and the Defendant driven a B-Ad-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od-Od
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of a medical certificate;
1. The former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts.