특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not more than ten 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 driving a BM5 vehicle on duty.
1. On June 9, 2018, the Defendant driving the said vehicle under the influence of alcohol concentration of 0.198% in blood around 00:10 on June 9, 2018, while driving the said vehicle and driving it at the speed of 88 U.S. M. Ga-dong, U.S. Ga-dong, U.S., and U.S. Ga-ro, U.S. Ga-ro, U.S. Ga-dong, U.S., U.S. Ga-ro, U.S. Do
It is an intersection where signal lights are installed, and in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by safely operating the motor vehicle in accordance with traffic signals.
Nevertheless, under the influence of alcohol, the Defendant suffered bodily injury, such as salt, tension, etc. of the victim C(38 Do) driving Dom 5 car, which was directly on the left side of the mast in the right side of the road when it is difficult to make a normal judgment due to the negligence of the red-fluence, by taking the front part of the Defendant’s driver’s vehicle, and suffered bodily injury, such as around two weeks of the fluence in need of medical treatment.
2. On June 9, 2018, the Defendant driven the said vehicle at a 3km section from the front of the Jindong-gu Seoul Metropolitan City Culture Complex located in the Goyang-gu Port-dong, Soyang-si, to the front of the road 88-ro, Goyang-si, Goyang-si, under the influence of alcohol content 0.198% among the blood transfusion around 00:10 on June 9, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A traffic accident fact-finding report and a photograph by capturing a black stuffe image;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.