특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a B car;
On December 25, 2018, the Defendant driven the above car on December 25, 2018, which led to the high-speed of the surrounding road C from the training ground to the high-speed of the road.
At night, the Defendant had a duty of care to maintain a sufficient safety distance from the front without driving while under the influence of alcohol to a person engaged in driving service.
Defendant’s negligence, while neglecting this, is driving ahead of it under the influence of alcohol.
Since the victim D(the 45-year-old) who stops was unable to avoid the EM5-car driven by the victim D(the 45-year-old), Defendant 1 was the next driver of the said SM5-car.
As a result, the Defendant suffered injury, such as dynasium, tension, etc. from the victim D and the victim F (the 45-year-old age), respectively, by occupational negligence, in a situation where normal driving is difficult due to influence of drinking, such as over two weeks of her face, her walked, and her walked and inaccurate.
2. Violation of the Road Traffic Act (MM5 vehicle) driving the EM5 vehicle while under the influence of alcohol from the training terminal located in the case of temporary bordering as set forth in paragraph (1) to the roads adjacent to C in the same city with approximately 1.5 KK alcohol concentration of about 0.126%.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on the occurrence of a traffic accident and on-site photographs;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty: