특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for six 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
1. The Defendant is a person who is engaged in driving of a motor vehicle in D Spanpo Area in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On April 2, 2018, the Defendant driven a car at the upper SP on April 22, 2018, and proceeded three lanes in front of Songpa-gu Seoul, Songpa-gu, Seoul with two lanes from the area of the legal complex to the area of the fall market.
Since there is a vehicle on the front side, in such a case, the person engaged in driving a motor vehicle has a duty of care to secure the safety distance and drive the motor vehicle safely by checking the front side and the right and the right.
Nevertheless, the Defendant neglected to do so and sustained injury to the victim F and the victim H (the 62-year-old passenger) who is a passenger with the above F and the above driver's seat of the passenger car standing in the signal atmosphere due to the negligence of driving the car in front of the above SP as they are under the influence of alcohol, and caused the injury requiring medical treatment for 17 days each.
2. The Defendant violated the Road Traffic Act (refluence of drinking), at the time, place, and at the same time and place as stated in paragraph (1), was involved in an accident, and after receiving the report of a traffic accident, the Defendant 22:26 on the ground that the Defendant 22:26 on the day, 22:31, 22:36, 22:36, 36, 4: (a) was required to comply with the drinking measurement by inserting a drinking measuring instrument four times, such as making a four-dimensional measuring instrument, and then, (b) was requested to comply with the drinking measurement without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A traffic accident report, a traffic safety control report, and a report on the detection of a primary driver;
1. Each medical records;
1. Application of Acts and subordinate statutes of the investigative report (74th page of investigation records);
1. Criminal facts;