특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
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
【Criminal Power】 On July 6, 2018, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act from the Seoul Western District Court.
【Criminal Facts】
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 ra
At around 00:20 on November 4, 2019, the Defendant, while under the influence of alcohol of 0.106% of blood alcohol concentration, proceeded along three lanes in front of Mapo-gu Seoul Metropolitan Government in the direction of the upper water area from the dynamic basin.
At night, there is an intersection in which signal lights are installed, and in such cases, the driver has a duty of care to prevent accidents by accurately manipulating the steering direction, brakes, etc. of the vehicle and by accurately manipulating the steering system of the vehicle.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, led the victim D (the 59-year-old) who stops in the atmosphere of the signal at the front of the vehicle of the Defendant to the front part of the vehicle of the Defendant.
As a result, the Defendant driven a motor vehicle while under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally, and suffered injury, such as salt, tension, etc., for about two weeks of treatment.
2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol 0.106% of the blood alcohol level at the time and time set forth in paragraph (1) of this Article, the Defendant driven Bra-car at a distance of approximately 100 meters from the front of Mapo-gu Seoul to the front of the Gu C from about the same 100 meters.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. A written statement on the occurrence of traffic accidents under DNA preparation;
1. A traffic accident report and a report on the occurrence of a traffic accident;
1. Report on the circumstantial statements of a drinking driver, and drinking.