특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On November 26, 2008, the Defendant received a summary order of KRW 1,00,000 from a governmental district court to a fine for a violation of the Road Traffic Act (driving) at a district court on November 26, 2008, and on September 28, 2016, the same court received a summary order of KRW 1,50,000 as a fine for the same crime and received two penalties for the violation of the Road Traffic Act (driving).
Nevertheless, at around 11:25 on September 4, 2019, the Defendant driven C Poter Cargo with about 1km in the section of about 0.128% alcohol concentration from the 1km to the Guri-si road.
2. The defendant is a person engaged in the business of driving the above cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
As above, the Defendant, while under the influence of alcohol, was at the front side of the Guri-si in a state of alcohol, stopped and started the above cargo vehicle.
Since there was a lush length, the driver of the motor vehicle had a duty of care to prevent accidents in advance by safely operating the steering gear and steering the steering gear in a correct manner.
Nevertheless, the Defendant did not properly operate the brake system under the influence of alcohol and did not avoid the victim D (year 65) who was under the influence of the Defendant when the Defendant was under the influence of driving, and was under the influence of the Defendant when the Defendant was under the influence of the cargo while he was under the influence of driving, and received the back part of the taxi that the Defendant was under the influence of the cargo.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A traffic accident report (on the actual condition survey report);