특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On December 17, 2016, the Defendant violated the Road Traffic Act (divated driving) driving a vehicle with C low-est C in a section of about 700 meters to the front road near the Asan Ponwing Road while under the influence of alcohol content 0.11% in blood around 17:50 on December 17, 2016.
2. On December 17, 2016, the Defendant: (a) driven a motor vehicle with a low alcohol concentration of 0.111% in a state of under the influence of alcohol around 17:50 on December 17, 2016; and (b) driven a three-lane road prior to Asan City along the two-lane road.
The Defendant was negligent in performing his duty at the front time while he was unable to drive normally due to influence of drinking, and was negligent in neglecting his duty at the front time, and found the victim D (the victim D(the 36-year old), waiting in front of the same direction, and driving a rocketing car at the front end of the Defendant’s driving car, which was the back of the victim D's D's driving car due to the failure to follow the bracing vehicle at the time.
Due to the shock, the victim E( South, 35 years old) who is waiting for and standing in the future while the victim's D Driving Vehicle was pushed ahead of the victim's D Driving Vehicle, and the victim E( South, 35 years old), the rear of the victim's D Driving Motor Vehicle was driven by the victim.
In this accident, the victims F.F. (ma. 46 years old) who were on board the victim E-driving cars suffered injuries such as salt, tensions, etc. in the trend requiring approximately two weeks medical treatment, and the victim G (ma. 3 years old) who was on board the victim E-driving cars also suffered injuries such as catum fat, etc. requiring approximately two weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement (D, E);
1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;
1. Efusing on-site photographs and black stuffs images;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Punishment;