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
[criminal history] The Defendant was punished four times in total for the same crime, including the receipt of a summary order of a fine of four million won due to a violation of road traffic law (drinking driving) in the Goyang Branch of the Jung-gu District Court on December 2, 2013.
[Criminal facts]
1. On September 5, 2016, the Defendant violated the Road Traffic Act (drinking) from the center of Seoyang-gu, Seoyang-gu, 548 Modro to the frontway of D gas stations located in the same Gu C around September 18:10 of the same day from September 5, 2016 to September 18:10 of the same day, the Defendant driven an E-burged vehicle under the influence of alcohol concentration of about 0.141% during blood alcohol level from the section of D gas stations located in the same Gu C.
2. The Defendant is a person who is engaged in driving a motor vehicle with soflurd E in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On September 5, 2016, the Defendant driven the said vehicle while under the influence of alcohol level of 0.141% among the blood transfusions on September 18:10, 2016, and driven the front side of the D gas station in Soyang-gu C in Goyangyang-gu Seoul, Goyang-gu, Yangyang-gu, one lane from the ridge to the high-speed viewing direction.
In this case, the driver of the vehicle has a duty of care to prevent the accident in advance by operating the steering system and brakes accurately.
Nevertheless, the Defendant neglected this and failed to operate the brakes accurately while under the influence of alcohol, and caused the injury to the victim, such as the victim F (32 years old) who was stopped for the signal waiting prior to the front of the hiver vehicle, which was driven by the Defendant, due to the negligence of not operating the brakes accurately while under the influence of alcohol, and caused the Defendant to the victim, by driving the said vehicle under the influence of alcohol, due to the influence of alcohol, and resulting in the Defendant’s injury, such as the diverse, chills, and tensions in need of treatment between two weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident-related statement of the F;
1. A traffic accident report and a traffic accident report (2) an actual condition investigation report;
1. The photograph of the damaged vehicle;