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 engaging in driving a passenger car;
On March 19, 2020, the Defendant driven the above car 0.153% alcohol level while under the influence of alcohol around 22:40 on March 19, 2020, and led the front road of Gangnam-gu Seoul to proceed along two-lanes in the direction of the Cheongdo Park in the direction of the shooting distance of the Cheongdo Park in the Cheongdok Station.
In such cases, the driver of a motor vehicle shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions, the structure and performance of the motor vehicle, and there was a duty of care to prevent accidents in advance by safely reporting the traffic situation.
Nevertheless, while under the influence of alcohol, the Defendant did not discover the ENAS car driven by the victim D (Woo, 46 years old) who stops in the direction of the Defendant’s driving in the signal signal at the front of the Defendant’s driving direction, and received the victim’s vehicle behind the passenger vehicle.
Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injuries such as light dump, tension, etc. in which the number of days of treatment cannot be known to the victim.
2. On April 28, 2016, the Defendant has been issued a summary order of a fine of five million won at the Seoul Central District Court as a crime of violating the Road Traffic Act.
The Defendant driven the said car in a state of alcohol level of approximately 0.153% under the influence of alcohol at the 2km section from the road near Gangnam-gu Seoul Metropolitan Government to the place of the accident.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of D traffic accidents;
1. The actual condition survey report, the report on the actual status of the driver, and the report on the actual status of the driver;
1. Notification of the results of the drinking driving control;