특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of B kniff trucks.
On January 8, 2017, the Defendant driven the above cargo vehicles around 17:00, and turned the 3-distance intersection in the west-ro 194, Sinsan-si, Sinsan-do, into the ethyl full-time lux of the transformation station.
In this case, the driver of the vehicle has a duty of care to safely drive the vehicle by checking well the right and the right and the right and the right of the driver of the vehicle, and to not drive the vehicle in a situation where normal driving is difficult due to influence of drinking.
Nevertheless, when the Defendant neglected to perform his/her duty of care in the front direction while under the influence of alcohol level 0.229% while drunk, and due to negligence, he/she neglected to perform his/her duty of care in the front direction while making it difficult for him/her to drive under normal conditions such as delay of recognition reaction, etc., he/she received the part of the part of the victim C (the 53-year-old driver) behind the Defendant’s truck in front of the Defendant’s cargo vehicle, following the Defendant’s truck in front of the Defendant’s truck.
As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.
2. Around 17:00 on January 8, 2017, the Defendant driving a BF truck under the influence of alcohol leveling 0.229% of alcohol level in the 5km section from the Do near the bank located in Sinsan-si, Sinsan-do to the 194 treatment rangeing from the Do near the bank located in Sinsan-do.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against C;
1. A written consent to blood collection, a request for appraisal, and a response to a request for appraisal;
1. Reports on traffic accidents, reports on actual condition of the driver involved in driving, and reports on the circumstances of the driver involved in driving;
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 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the occupation of causing harm to the driving of danger, the choice of imprisonment), and Article 148-2 (2) 1 of the Road Traffic Act (the occupation of driving of drinking and the choice of imprisonment);
2. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;