특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for six 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 a passenger car Benz S350.
On October 8, 2016, the Defendant driven the said car under the influence of alcohol level of 0.152% among blood transfusions on October 8, 2016, and driven the point of 50.3km from the side of Howon, which is located on the Triri-ri, in both weeks, to the Tri-ri IC.
In this case, there was a duty of care to prevent accidents, such as making a person engaged in driving of a motor vehicle well seeing the right and the right and the right and the right of the motor vehicle, and accurately manipulating the steering direction and brake system.
Nevertheless, the Defendant neglected to drive the car in a state where it is difficult to drive the car normally due to influence of drinking and caused the damage to the victim C (42 ) who was driven by the driver's negligence before driving the car at the front of the sports car.
Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of approximately two weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A medical certificate;
1. Reports on traffic accidents, reports on the results of regulating drinking driving, and reports on the circumstances of drivers of drinking;
1. Application of statutes on site photographs;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant driven under the influence of alcohol, resulting in an accident following the victim C's car.
The Defendant was driving the fourth alcohol due to the instant crime.
The defendant's blood alcohol concentration is not lower than 0.152%.
The favorable circumstances: