특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B franchise-low automobiles;
At around 14:30 on June 1, 2019, the Defendant driven the above car while under the influence of alcohol concentration of 0.116%, the Defendant driven the car to Seoul from the direction of the mountain.
In such a case, there was a duty of care to operate a person engaged in driving of a motor vehicle by properly manipulating the operation and steering gear while living well on the front side and the left side of the motor vehicle.
Nevertheless, the Defendant neglected this and failed to properly operate the operation system under the influence of alcohol, and the victim C (the age of 35) who was driven in the front section of the car operated by the victim C(the age of 35) was shocked into the front part of the car of the Defendant.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the said victim, such as salt, tensions, etc. in need of treatment for about two weeks.
2. Around 14:10 on June 1, 2019, the Defendant was driving a B-low vehicle under the influence of alcohol with approximately 10km alcohol concentration of about 0.116% in the section of about 10km from the front of a restaurant in the Samyang-dong, Yangyang-gu, Yangyang-gu to the front of the place of the inspection of the site, with the freedom located in the same Gu at around 14:30 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 and Article 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018).