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. Around 02:50 on August 31, 2018, the Defendant driven C Sppphoid vehicles with a alcohol content of about 300 meters from the Do near the river basin in the mouth of Gangseo-gu Seoul, Seoul, to the roads front B in Seoul, Gangnam-gu, while under the influence of alcohol by 0.223% from the 30-meter section of alcohol content.
2. Around August 31, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the two-wheeled vehicle described in paragraph (1) in the state of under the influence of alcohol concentration of 0.223% on the roads in front of the Seoul Northern-gu Seoul Northern-gu, Seoul, with driving the two-wheeled vehicle described in paragraph (1) at a speed of about 30km in the direction of mining death
Since there is a crosssection, there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and brakes of the vehicle with a view to keeping the driver of the vehicle in front.
Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to properly operate the brake system and received the left rear part of the E rocketing taxi.
As a result, the Defendant driving a wheeled vehicle in a situation where it is difficult to drive it normally due to the influence of drinking, and suffered injury to the victim F, who is the passenger of the said taxi (26 years of age) for about two weeks in need of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of D traffic accidents;
1. A report on traffic accidents and a report on actual condition;
1. A medical certificate;
1. A report on detection of, and investigation into, a host driver (application of the Radmark formula);
1. An accident site photograph;
1. Application of Acts and subordinate statutes to investigation reports;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)1 and 44(1) of the Road Traffic Act; and Article 15-1 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 201).