특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight 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
The Defendant was engaged in the driving duty of Oralba.
around 08:30 on July 28, 2018, the Defendant driven the above Oralba, and led to the roads near Yeongdeungpo-gu Seoul Metropolitan Government C to the sub-section of the Bridge at the seat of the Gyeongdo Highway.
In such cases, a driver has a duty of care to live well in the surroundings, to accurately operate steering steering devices, etc., and to keep his/her own car lines well and to prevent conflict with other vehicles, etc.
Nevertheless, the Defendant neglected the above duty of care and proceeded with the alcohol concentration of 0.178% under the influence of alcohol in the state of being drunk, and brought the back part of the E truck drivened by D driving along four lanes above the tea line, and proceeded with D driving four lanes above the tea line.
As a result, the Defendant driven the above Oral ba while it is difficult to drive normally due to the influence of alcohol, and caused the Victim FF (24 years of age) to suffer injury, such as duplicating ba, which requires approximately nine weeks of medical treatment, and driven the Oral ba while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a driving under drinking) of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;