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 of the final judgment.
Punishment of the crime
1. On August 26, 2018, at around 04:35, the Defendant driven a B low-speed car owned by the Defendant under the influence of alcohol with approximately 3 km alcohol content of 0.145% from the section of approximately 0.145% in the direction of entrance, from the location of the Sildo-dong, Singu-si, Sinsi-si to the front of entrance.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant is a person engaged in driving a vehicle B high-speed PP, and the Defendant driven the said vehicle under the influence of alcohol content of 0.145% on August 26, 2018, while driving the said vehicle on August 26, 2018, and driving the vehicle at a speed of about 40-50 km per hour in the direction of the direction of the entrance of the entrance of the king-dong at the time of the Sinsido-si.
At the time, the above road is night and is a bend and down by the left side, so in such a case, the driver of the vehicle has a duty of care to see the front side and to operate the brake properly.
Nevertheless, the Defendant failed to properly operate the brake system under the influence of alcohol without neglecting it, and caused the Defendant to shock the rear part of the C Truck, which was parked on the right edge of the passenger car of the Defendant.
As above, the Defendant suffered injury to the victim D (year 51) who was on board the Defendant’s vehicle while driving the said vehicle in a difficult condition due to influence of drinking, such as a light-to-door transfusion, a two-time therapy, and a part-time frame of the inner frame, which require treatment for about 12 weeks.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Report on detection of drinking drivers and the results of crackdown on drinking driving;
1. Blue boxes and video CDs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. The point of driving under the influence of alcohol under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, which is applicable to the relevant criminal facts and the choice of punishment; and