특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
except that 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
The defendant is a person who is engaged in driving a low-speed car B.
1. On December 22, 2019, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of about 0.114% at the section of about 1km from around December 22, 2019 to the front road of the Busan Jin-gu C apartment on the road located in the same Gu, Busan Jin-gu, Busan.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) set forth in paragraph 1, the Defendant driven the said car in a state where it is difficult to drive the car normally under the influence of alcohol, such as the state of speech and behavior, big, walking, red, etc., and turn it to the left from the side of the Jinyang road in Busan, Busan, to the children's substitute park.
In such cases, the driver has a duty of care to properly see the front left and accurately manipulate the steering and brake system to prevent accidents in advance.
Nevertheless, the Defendant neglected this and neglected to turn to the left on the left side of the Defendant’s course due to the negligence of the Defendant, and received the right side of the F (F, South, 53) driving G taxi from the left side of the Defendant’s course.
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 the victim H (V, who was on the back seat of the said taxi) who was on the lower seat of the said taxi for about three weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. The circumstantial statement of a drinking driver, inquiry of the results of the crackdown on drinking driving, and the application of Acts and subordinate statutes;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor concerning the crime;
1. The former part of Article 37 of the Criminal Act among concurrent crimes;