특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than one year and 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
On October 12, 2019, at around 02:45, the Defendant, while under the influence of alcohol of 0.112% of blood alcohol level, driven B-low-scale car and continued to drive the operation distance of 14, 324 o-ro 14, Seocheon-si, Seocheon-si, to the Seoul bank.
Even though there is a duty of care to proceed in accordance with the signals by checking the signal well to a person who is engaged in driving of a motor vehicle on the intersection where a signal is installed, the defendant was negligent in proceeding to the left or right-hand turn in a straight line in violation of the signal while under the influence of alcohol and thereby received the front portion of the victim C(53 years old) driver's driving in accordance with the straight or right-hand turn signals from the opposite side of the direction of the defendant's proceeding.
Ultimately, the Defendant, while driving the said franchise in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim C(53 years of age), such as salt dynasium and tensions for about 3 weeks in need of medical treatment, and injury to the victim E(27 years of age) who was on the Defendant’s driver’s vehicle, such as the 1st 20th 20th cynasium in need of medical treatment for about 9 days, as in the same way, to the victim FF(27 years of age) who was on the said vehicle, such as crynasium and tension for about 2 weeks in need of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Each statement of E and F;
1. Notification of the results of crackdown on drinking driving and each written diagnosis;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of drinking);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. To take lectures;