특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
1. Around August 21, 2017, the Defendant violated the Road Traffic Act (drinking) driven a car using a Frails while under the influence of alcohol content of about 0.142% of alcohol out of a 10-meter blood alcohol alcohol alcohol, from “C cafeteria” located in Gangnam-gu Seoul Metropolitan Government B to “E cafeteria” located in the same Gu.
2. The defendant is a person engaging in driving service of the said car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
Defendant 1 driven the said car while under the influence of alcohol at the above day and proceeded with the front line of “E restaurant” located in Gangnam-gu Seoul Metropolitan Government D, on the side of Gangnam-gu as Gangnam-gu, with the front line of “E restaurant.”
In such cases, a driver of a motor vehicle has a duty of care to accurately operate steering devices and brakes and to prevent accidents in advance by safely reporting the traffic situation.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol so that the Defendant was able to drive normally due to the influence of alcohol, such as the influence of the horses, the walked on the left side of the victim G (W, 20 years old) who was driven by the Defendant due to the negligence of driving the vehicle.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand side of the victim requiring approximately four weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. A paper of measurement of drinking alcohol;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of a sentence of imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62(1) of the Criminal Act: