도로교통법위반(음주운전)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 October 21, 2019, the Defendant was driving a vehicle E QM3, while under the influence of alcohol of about 2 km from the front road of the Incheon Strengthening-gun Bridge to the Dmatet, located in the Incheon Strengthening-gun C, with a blood alcohol concentration of about 0.215% from around 7, 2019.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving cars of QM3.
At the above time, the Defendant operated the said car at the above time, and led to the flow of the road in front of the Damaart in Incheon Reinforcement, from the Myeon of the Eup to the Myeon of the crew, to the unsured speed.
At the same time, there were nights, and the victim F (ma, 62 years old) is driving G K5 vehicles in the front direction of the defendant's proceeding. In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent the accident by safely driving the motor vehicle, such as accurately manipulating the steering direction, brakes, etc. by checking the traffic situation.
Nevertheless, the Defendant neglected to drive the damaged vehicle under the influence of alcohol while it is difficult for him to drive the vehicle normally due to the influence of alcohol and received the back part of the damaged vehicle as the front part of the Defendant’s vehicle.
Ultimately, the Defendant suffered from the injury of the victim F and the victim H (V, 59 years old), respectively, by occupational negligence, around two weeks in need of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. The actual survey report on traffic accidents;
1. An appraisal report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;
1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.