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. On September 24, 2018, the Defendant driven a DNA car under the influence of alcohol with approximately 40km alcohol concentration of 0.173% from a section of approximately 40km from the road in front of the Defendant’s house in the Southern-gun, the Southern-gun, Seoul-do, to the road in front of the Gwangju Mine-gu.
2. The Defendant was driving the said car while under the influence of alcohol at the time of the above day and led to the driving of the said car bypassing it from the front road of Gwangju Mine-gu to the right-side air-breath of the Jeju Innovation City.
At the time, other vehicles are stopped on the front side of the Defendant’s car, and in such a case, there was a duty of care to safely drive the vehicle, such as taking the front door well for the person engaged in driving service and accurately operating the brake system.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s negligence, and was under the influence of the Defendant’s vehicle, and was under the influence of the Defendant’s vehicle driven by the Victim E (F, 42 years old) with the front part of the Defendant’s vehicle.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from injury to the victim G (17 years) who was on board the victim E and the victim’s car, such as catum salt, etc. requiring approximately two weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A survey report on actual conditions;
1. A report on the detection of a primary driver;
1. Statement of the circumstances of the driver involved in driving;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;
1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018); Article 148-2(2)2 of the Road Traffic Act concerning criminal facts.