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
The Defendant is a person engaging in driving a rocketing car.
On September 11, 2016, the Defendant driven the said car under the influence of alcohol level of 0.126% in the blood alcohol level around 21:13, while driving it, and driven the two-lane road in front of the 64 amambling ambling distance at the south of the Eup/Myeon in the direction of the flow of the ambling, along the two-lane way towards the IC along the direction of the ambling.
Since there is an intersection where a signal apparatus is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle passing through an intersection by reducing the speed and checking well the side, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.
Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(29) who was to turn to the left from the IC on the IC on the right side of the IC where he or she had been negligent in driving in violation of the signal during the stop signals, and was driven by the Defendant in front of the car driving by the Defendant.
Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol as above, and suffered injury to the victim D and the victim F (the 26 years old), who is the passenger, such as salt, tension, etc. in need of approximately 2 weeks of treatment, and suffered injury to the victim G (the 34 years old), who is the passenger of the Defendant’s car, for a long time in need of treatment for about 5 days.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of the penalty;