특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not more than ten 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. Around 01:40 on Nov. 18, 2018, the Defendant driven C Lasttop car at a section of about 10km from the front of the 156 Haak-ro Haak-si to the front of the members of the Ansan-si, Ansan-si, under the influence of alcohol content of 0.120% of the blood alcohol content.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) the Defendant is driving the said rocketing motor vehicle in a state that it is impossible to drive it normally due to the foregoing alcohol, such as using it as a red, stamping and walking, etc., around 01:50 on November 18, 2018.
On the other hand, the victim D(54 years of age) driving with the top-down of the above part of the driver's length of the victim D(54 years of age) was faced with injury, such as brain scare, knee scare, and scare scare, which require the victim's treatment for about three weeks due to its shock.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A traffic accident report;
1. Statement of the circumstances of a drinking driver, and records of the result of measurement of drinking;
1. A medical certificate;
1. Application of the Acts and subordinate statutes on the photograph list;
1. Article 148-2(2)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 201); and choice of imprisonment for each sentence of imprisonment.
1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment), the aggravation of concurrent crimes (within the scope of adding up the punishment of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the lowest
1. Article 62 (1) of the Criminal Act;
1. Traffic accidents are committed while driving a road, the central separation cost of which is installed, while drinking the reasons for sentencing under Article 62-2 of the Criminal Act.