특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On July 13, 2005, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on July 13, 2005, a fine of KRW 500,000 for the same crime in the same court on September 17, 2007, and a fine of KRW 4 million for the same crime in the same court on June 13, 2016, respectively.
【Criminal Facts】
The defendant is a person who is engaged in driving a B-Wood vehicle.
1. While the Defendant was under the influence of alcohol, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of about 410 meters from around 03:30 on July 21, 2019 to the road front of the Eju shop located in D, the Defendant driven the said vehicle under the influence of alcohol level of about 0.211%.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) by driving the said car at the time and time as set forth in paragraph 1, leading the road front of the said E main point to G from the direction of Fling place.
As above, the Defendant: (a) under the influence of alcohol, the Defendant: (b) took the front part of the said car, snicked in a snick and unstable manner; (c) she was negligent in performing occupational duties of care to prevent accidents by accurately operating the steering direction and brakes; and (d) caused the victim H (33 years old) who walked toward the port from the right side of the running direction of the said car by neglecting the duty of care to prevent accidents in advance; and (c) sustained the victim’s h (33 years old) who walked toward the port; (d) took the front part of the said car for about two weeks in need of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Inquiry the results of the drinking driving control;
1. A medical certificate;
1. Previous convictions indicated in judgment: Application of investigation reports (verification of previous convictions for driving sound);
1. Relevant provisions of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, which provide for the choice of punishment, shall apply to the crime;