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. The Defendant is a person who is engaged in driving a BM car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On January 30, 2018, the Defendant driven the said car under the influence of alcohol content of 0.112% among blood transfusions on January 30, 2018, and driven the front road of Incheon Southern-gu C at a speed of about 70km per hour from the center distance to the end distance inside the center of the Corporation.
At the time, the location is night, and the signal is in front of the intersection where the signal is installed, so there was a duty of care to safely drive the vehicle by checking well the right and the right of the front and the right of the driver.
Nevertheless, the Defendant, while under the influence of alcohol, has been negligent in driving on the front bank by the victim D(57) who was parked on the three-lane of the said road in accordance with the stop signals.
E The right side part of the Echip car was received from the Defendant’s left side part of the vehicle.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to drinking, and suffered injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks of treatment.
2. On the day specified in paragraph 1, the Defendant driving a BMW car in the state of 0.112% alcohol concentration in blood while under the influence of alcohol at approximately 20km from the insular area of Yeongdeungpo-gu Seoul Metropolitan City (Sasan-dong) to the front road of the Nam-gu Incheon Metropolitan City (Sasan-dong).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Investigation report (report on the situation of the driver in charge); and
1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;
1. A medical certificate;
1. Application of Acts and subordinate statutes on site photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 of the Road Traffic Act.