특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor for up to six 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
The defendant is a person engaged in the operation of the EXE car.
On August 23, 2016, at around 17:29, the Defendant driven the said vehicle under the influence of alcohol with a maximum of 0.41% of alcohol level 0.41%, and led to the driving of the said vehicle in front of the DNA oil station C located in the former North Korean Forest Office C, along with a speed of about 60km from the front bank to the lower bank.
Since there is a place where overtaking is prohibited, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to the influence of alcohol, and there was a duty of care to safely operate the steering and steering gear by accurately operating the steering and steering gear.
Nevertheless, while the Defendant neglected to drive a car in a state where it is difficult for the Defendant to drive the car normally due to influence of alcohol as above, the Defendant suffered injury to the victim F (the age of 66) by suffering from the climatic salt and tension that require approximately two weeks of medical treatment due to the full right corner of the car damaged by the Defendant’s front corner part of the car driving.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. A traffic accident report;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. A report on investigation;
1. A medical certificate;
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Reasons for discretionary mitigation under Article 62(1) of the Criminal Act;