특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than one year and six 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
[criminal power] On January 14, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on January 14, 2008, and a fine of KRW 4 million as an identical crime in the Seoggu District Court Branch of the Daegu District Court on May 13, 2015.
【Criminal Facts】
1. On November 12, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driving a car in front of a C cafeteria located in Ansan-si B with a blood alcohol concentration of 0.166% while under the influence of alcohol level 0.16%.
At that time, the Defendant, prior to the same direction, was followed by a Funching car driven by the victim E (the age of 60). In such a case, there was a duty of care to ensure safety distance by making sure that the person engaged in driving service is well aware of the situation and reducing the speed, and to secure the safety distance.
Nevertheless, the Defendant, while neglecting the influence of alcohol, was negligent in proceeding as it is, and received the back part of the above rocketing car stopping from the front bank to the signal change.
Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered from the fluoral salt pansium in need of a two-day medical treatment for the victim E, and the fluoral salt pansium in need of a two-day medical treatment for the victim G (5 years old) for the victim G.
2. On November 12, 2019, the Defendant: (a) driven a vehicle under the influence of alcohol with a blood alcohol concentration of about 0.166% from the 60-meter section from the cafeteria road located at Ansan-si to the 60-lane road; (b) on November 12, 2019, the Defendant driven the above mecin vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident investigation report, report on the occurrence of a traffic accident, on-site photographs, and each diagnosis report;
1. Inquiry the results of the drinking driving control;
1. Criminal history records, reply reports, and the application of Acts and subordinate statutes to investigation reports (suspect records);