특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving of C Freight.
1. Around November 17, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving) driven the above cargo vehicle while under the influence of alcohol concentration of 0.107% in blood, while driving the said vehicle on the road near the Gangdong-gu Seoul Metropolitan Government D, along the two-lanes toward the roadside ecological park along the normal remote distance.
On the front of the defendant, the Franchisa car driven by the victim E (61) was stopped due to the body of the vehicle, and thus, the person engaged in driving service has a duty of care to reduce speed and drive safely by taking into account the situation.
Nevertheless, under the influence of alcohol, the Defendant received the rear part of the above Naran car standing on the cargo lane of the Defendant, and the said Nana car is now pushed in the future, and the Defendant again received the rear part of the Haran car driving by the victim G(60).
Ultimately, the Defendant driven the above cargo in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim E, such as salt ties, tensions, etc. in need of two weeks of medical treatment, and the victim G suffered injury, such as the number of days of medical treatment and the dump of the shoulder.
2. Defendant 1 driving a C cargo vehicle under the influence of alcohol level of 0.107% from the 2km section of approximately 2km from the Pungnam-si in the city of the city of the city of the city of the city of the city of the above paragraph (1) to the place of the accident.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. A written statement of the occurrence of traffic accidents in E and G;
1. A traffic accident report, a place where drinking is measured and recorded, a statement report on the circumstances of the driver at home, and a report on the detection of the driver at home;
1. Application of Acts and subordinate statutes to a medical certificate and a report on investigation (the confirmation of medical treatment for victims);
1. Each of the relevant Articles of the Act concerning the facts of crime;