특정범죄가중처벌등에관한법률위반(위험운전치상)등
Defendant shall be punished by imprisonment for a term of one year and six months.
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 March 5, 2007, the defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on March 5, 2007, and on June 18, 2008, the defendant was issued a summary order of KRW 3 million for the same crime at the Daegu District Court.
【Criminal Facts】
1. Although the Defendant violated the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol as above, the Defendant driven a Fpoter cargo vehicle at approximately 100 meters from the front of the C Bank located in Yongcheon-si B on February 16, 2020 to the front of the E-section located in D at the same time.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) led the Defendant to drive the said cargo vehicle under the influence of alcohol level 0.216% at the time and time set forth in paragraph (1) and to drive the said cargo vehicle in front of zerocheon-si D with the market3rd distance from the breadth of the national bank.
In the same direction, since H-si in the victim G(69 years old) driving in the same direction was a stop, there was a duty of care to prevent accidents by thoroughly operating the front-time city and operating the brake accurately.
Nevertheless, the Defendant was under the influence of the Defendant’s vehicle G, which was under the influence of the Defendant’s negligence and failed to properly operate the brake system, and was under the influence of the Defendant’s vehicle back part of the Defendant’s cargo vehicle.
Ultimately, the Defendant driving a cargo vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim G, such as salt dynasium which requires approximately two weeks medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. A report on the occurrence of a traffic accident, an accident site photograph, an actual condition survey report, and an actual driver;