도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Around 23:55 on November 208, 2018, the Defendant was under the influence of alcohol by 0.142% on blood alcohol concentration, and the Defendant driven approximately 5km from the vicinity of the Busan Jin-gu B apartment to the front of the restaurant located in the Southern-gu C, Busan.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive k7 vehicles under the influence of alcohol by 0.142% in the same date and place as Paragraph 1.
At the time, it is night and place where vehicles pass through, so in such cases, the driver of the motor vehicle has a duty of care to see the front door well and to prevent the accident in advance by properly manipulating the steering and brakes.
Nevertheless, under the influence of drinking, the Defendant neglected this and was driven by the victim F.F.(55) who was on the opposite road due to the negligence of the central line in a state where normal driving is difficult due to the influence of drinking, such as in a red, unfluoring, and in an inaccurate state of drinking, and was driven by the Defendant on the left part of the G high-speed motor vehicle left ahead of the motor vehicle of the Defendant.
As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as a scarcity on the right side, which requires treatment for about two weeks, on the part of the victim F, and on the part of the victim H (V, 58 years old) who was accompanied by the above high-speed vehicle, for about two weeks, the Defendant sustained injury, such as a scarin, which requires treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Traffic accident report (1), (2), and the report on the actual state of the driver;
1. Photographs, notification of the results of the regulation of drinking driving and the application of Acts and subordinate statutes at the time of accident;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) and Article 5-11 of the former Specific Crimes (amended by Act No. 15981, Dec. 18, 201)