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
[Criminal Power] On May 21, 2007, the Defendant was issued a summary order of KRW 2 million at the Jung-gu District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
1. Around 19:20 on April 2, 2020, the Defendant violated the Road Traffic Act’s provision on the prohibition of drunk driving by driving Epoter II cargo vehicles with the blood alcohol concentration of about 0.166% at a section of approximately 1.3 km from the roads near the Cmiddle School located in Nam-si, Namyang-si, to the front roads in the Namyang-si, Namyang-si.
2. A person who is engaged in the business of driving freight Class E in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).
On April 2, 2020, the Defendant driven the above cargo while under the influence of alcohol 0.166% with a blood alcohol level around 19:20 on April 2, 2020, and led the Defendant to drive the above cargo at a one-lane road in front of the Namyang-si in the southyang-si.
In such a case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by operating the steering direction and brake system in line with the traffic situation while maintaining the safety distance with the pre-paid motor vehicle and the pre-paid motor vehicle, because the motor vehicle was stopped at night and at the front.
Nevertheless, the Defendant neglected to do so and negligently stopped on the front side of the said cargo vehicle, which was driven by the victim G (Nam, 53 years old) who was under a stop at the same lane as the mast in the event that he was under the influence of alcohol, and the lower part of the HLL car was shocked with the front part of the said cargo vehicle.
Ultimately, the Defendant’s negligence in the course of driving the said cargo in a situation where normal driving is difficult due to influence of drinking, caused by the injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and the victim I (Nam, 50 years of age) who was accompanied by the said rocketing car.