특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor 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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B rocketing car.
On May 16, 2019, the Defendant driven the said rocketing car with a blood alcohol concentration of 0.097% around 22:08 and proceeded at a speed of about 100 km from the melting bank of Jindo-gun to C at a speed of about 100 km in the city of the front-gu, Jindo-gun.
At the time, at night, the road was bended at a speed of 60 km per hour, and in such a case, a driver of a motor vehicle has a duty of care to prevent accidents in advance, such as driving a motor vehicle under the influence of alcohol, driving the motor vehicle at a speed of 60 km.
Nevertheless, the Defendant neglected this and negligently driven the traffic island on the left side of the road in excess of 40km in a situation where it is difficult to drive the road normally due to influence of drinking, resulting in the Defendant’s negligence to drive the traffic island on the left side of the road. Accordingly, the Defendant received safety walls beyond the delivery to the right side of the opposite side of the road.
Ultimately, the Defendant suffered damages to the victim D(30 years of age) who was on a rocketing car operated by the Defendant due to the above occupational negligence, including four or more cage cages that require treatment for about six weeks.
2. Around 22:08 on May 16, 2019, the Defendant driven B rocketing car under the influence of blood alcohol concentration of about 40km from the section of about 40km to the front road of the front road in the front of the dwelling of the Defendant located in Jindo-gun, Jindo-gun, Seoul, to the front road in front of the death front intersection road located in the 52km-gun, Jindo-gun.
Summary of Evidence
1. Defendant's legal statement;
1. The protocol of interrogation of D by the prosecution.