특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
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. On October 23, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) (hereinafter “C Bank”) (hereinafter “C Bank”), at around 02:00, the Defendant driven the D horse-type car at a speed of about 40 km between the four-lanes in the side of the Bupyeong-gu Incheon Metropolitan City, where it is difficult to normally drive the D horse-type car due to the influence of drinking, which reaches the blood alcohol concentration of 0.15%.
At the time, there are night and four-lanes of vehicles, so in such cases, a person engaged in driving a vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front side and the left side and the left side, and by accurately manipulating the brake and steering gear.
Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the steering gear by wrong operation of the steering gear, and was stopped on the four-lanes of the victim E(61 years of age) driving, followed by the left side of the FK5 business taxi for the victim E(61 years of age) and received the part above the right side of the vehicle of the Defendant.
As a result, the Defendant driven a car at a horse in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as a string of a chest boom that requires medical treatment for about two weeks, to the victim.
2. Around 02:00 on October 23, 2018, the Defendant driven a DNA horse with a blood alcohol content of about 0.155% from the 1km section from the front side of the Bupyeong-gu Incheon Bupyeong-gu Bupyeongdong Market to the place indicated in the foregoing paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The actual condition survey report, the vehicle photograph of accident, the primary driver's license report, and the circumstantial statement report of the primary driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) concerning criminal facts, and the Road Traffic Act.