특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight 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
On July 29, 2017, the Defendant driven a Category C Poter-II truck with alcohol content of 0.181%, while under the influence of alcohol during blood transfusion 03:50 on July 29, 2017, and led to the 3:8 intersections from the ambrison surface to the ambrison surface.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely proceed in accordance with the code, because the signal is an intersection where a signal is installed.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to proceed in violation of the signal, received the front side of the Defendant’s cargo vehicle from the victim D (51 aged) who was going to go under the straight line from the one-way intersection to the intersection by the two straight lines. The Defendant was on the front side of the Defendant’s cargo vehicle, which was driven by the victim D (51 Do) who was going to go to the straight line by the two straight lines.
Ultimately, the Defendant, by negligence in the course of driving a motor vehicle under the influence of alcohol, was driving the motor vehicle in a state where it is difficult for the victim D to drive the motor vehicle normally due to the said occupational negligence, suffered from the victim F (56 years) of light clocks, clocks, etc. in need of approximately 4 weeks of treatment, and the victim F (56 years of age) of the said motor vehicle in need of approximately 5 weeks of treatment; the victim G (63 years of age) suffered from the injury, such as light clocks, etc. in need of approximately 2 weeks of treatment; the victim H (63 years of age), and the victim I (64 years of age) suffered from the injury, such as clocks in need of approximately 2 weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Reporting on the occurrence of a traffic accident and inquiry into the results of regulating drinking driving;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;
1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;
1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).