특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On September 10, 2017, the Defendant driven C Poter Cargo with a alcohol level of 0.183% at around 0:50 on September 10, 2017, and led to a three-lane road in front of a dry Hospital located in Seoul Special Metropolitan Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), one lane from the shooting distance of children’s large park to the long distance of the dry Poter area.
At night, there was a vehicle prior to the front, and thus, there was a duty of care to prevent accidents by thoroughly keeping the front and the safety distance to the person engaged in driving service.
Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive in a normal state due to the negligence that did not properly look at the front line, found late after the victim D(49 years old)’s E QM5 car and received the back part of the above QM5 car from the Defendant’s driver’s vehicle in front of the freight vehicle.
As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, suffered from the injury of the victim F (F) who was on board the victim D and QM5 motor vehicle, and the victim G (V, 13 years old) in need of approximately two weeks medical treatment.
2. On the date and time set forth in the above paragraph 1, Defendant 1 driven C Poter truck under the influence of alcohol concentration of about 0.183% in blood in the section of approximately 1km from the dead distance of the Gu located in the Dong in Gwangjin-gu, Seoul to the road set forth in the above paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of the driver in charge, a report on actual condition survey, a medical certificate, and a written estimate;
1. Application of each written statement (D, F, and G) statute;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 Item 2, and Article 44 of the Road Traffic Act concerning the crime.