특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not more than ten 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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the defendant.
On January 20, 2019, the Defendant driven the said car under the influence of alcohol 0.140% with a blood alcohol concentration of 0.140% on January 20, 2019, and led the front road of Busan to the direction of a small-scale terminal in the direction of transmission.
Since such a place is located in front of a long-distance intersection where a signal apparatus is installed, the driver of the vehicle is not able to drive the vehicle while normal driving is difficult due to influence of drinking, and the driver of the vehicle has a duty of care to report the traffic situation well and to operate the steering wheel and brake in a safe way to prevent the accident by driving the vehicle safely.
Nevertheless, the Defendant, while neglecting this and driving in a state where normal driving is difficult due to influence of drinking, was driven by the victim D(the age of 36) who was under the influence of the electric yellow flag, and led the driver to the front part of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, such as a light signboard disability accompanied by a girral ppuri disease that requires approximately three weeks of treatment.
2. The Defendant was driving the said vehicle under the influence of alcohol level of 0.140% on the section of about 25 kilometers from the date and time set forth in paragraph (1) to the place where the accidents described in paragraph (1) occur, both inside and outside of the Gyeyang-dong Trayang-dong Trayang-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of statement by the police about D (Simplified traffic);
1. Report on the actual condition, report on the state of driving under the influence of alcohol and report on the results of the control of drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018).