특정범죄가중처벌등에관한법률위반(위험운전치상)등
Defendant shall be punished by imprisonment for a term of one year and four 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
The defendant is a person who is engaged in driving two cargo vehicles B.
1. On July 11, 2007, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Seosan Branch.
On November 13, 2019, around 21:58, the Defendant driven the cargo vehicle with the blood alcohol concentration of about 0.119% from the front road of the “D” located in Seosan City C to the front road of the Escopic distance.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above cargo vehicle while under the influence of alcohol at the time stated in Paragraph 1, and led to the two-lane road from the direction of the E company distance to the direction of the E company distance.
At the time, the statutory speed is 60 km a speed. In such a case, there was a duty of care to safely drive a motor vehicle by observing the speed limit to those engaged in driving the motor vehicle, and by accurately manipulating the steering and steering gear.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at a speed exceeding 58.5 km per hour over 118.5 km per hour, and received the back portion of the GM5 car driven by the victim F (F, E, E, 59) who was driven earlier, as the front part of the Defendant’s car.
As a result, the defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as an injury on credit with no open wound, which requires treatment for about six weeks.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. The actual condition survey report;
1. An accident site photograph;
1. Notification of the results of the drinking driving control;