특정범죄가중처벌등에관한법률위반(위험운전치상)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
On November 11, 2010, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (refluence of measurement), and KRW 3 million as a fine for a violation of the Road Traffic Act (refluence of noise) at the Seoul Eastern District Court on September 8, 2016, respectively.
The defendant is a person who is engaged in driving a BM3 car.
On January 7, 2020, the Defendant, as a person who violated the prohibition of drunk driving as above, drives the said car with a blood alcohol concentration of 0.122% at around 05:31 on January 7, 2020, and was driving the two-lanes on the four-lane road in front of Songpa-gu Seoul Metropolitan Government, the two-lanes of the four-lanes of the four-lane road in Gangdong-gu, Songpa-gu, Seoul, changed the lane to the one-lane while driving the two-lanes
A driver of a motor vehicle has a duty of care to prevent an accident by operating the brakes in advance by properly operating the brakes while well living in the front, rear, and left and right of the motor vehicle, but due to occupational negligence that the defendant failed to operate the brakes properly, and caused the victim D who was driving from the passenger car front to the first lane of the motor vehicle to the left side of the motor vehicle front left by the defendant.
In the end, the Defendant was able to drive the said car in a state where it is difficult to drive the car normally due to the influence of drinking, such as a large smelling in the entrance, a small size of body, a red and snow fluoring, etc., and suffered injury to the victim of the said accident, such as light flusium, tension, etc. for about two weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A medical certificate;
1. The actual condition survey report and the actual condition report of the driver;
1. Previous records of judgment: Application of criminal history records, investigation reports (verification of the records of driving sound and attachment of summary orders);
1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.