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
1. Around 10:40 on September 17, 2017, the Defendant was under the influence of alcohol leveling 0.169% of blood in the south-gu C heading on the road located in Mandong-gu, Nam-gu, Nam-gu, Mandong-gu, and led the Defendant to proceed to the Hanyang Bstring of the Hanyang ethyl side with the alcohol leveling 0.169%.
At this point, the road was on which the center line of the yellow-ray was installed, so the driver has the duty of care to accurately operate the steering direction and brake system and prevent the accident by driving the steering line in advance without harming the central line, but the defendant neglected this duty and caused the influence of drinking to the opposite direction of the victim E(55 years old) driving, which was faced by the center line and proceeded with the front part of the vehicle of the defendant.
Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of a shoulder pipe, which requires approximately two weeks medical treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) driving a DNA strawing car in the state of alcohol level of 0.169% in blood at the time and place specified in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. On the grounds of sentencing in Article 62-2 of the Criminal Act, the following circumstances, and the Defendant’s age, sex, environment, and motive for committing the crime.