특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not more than ten 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. On October 20, 2016, the Defendant driven C Poter Cargo with alcohol content of about 0.125% (blood collection) during blood while under the influence of alcohol without obtaining a driver’s license from a section of about 1km from a section of approximately 1km to a 340-way road of the same side in the non-section 08:40 on the roads north-do. < Amended by Act No. 1413, Oct. 201; Act No. 1482, Oct. 22, 2016>
2. The defendant is a person who drives a cargo vehicle of Category C1 ton in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).
On October 20, 2016, the Defendant driven the above cargo vehicle at around 08:45, and led to a road of 340 lanes north-ro 340, north-do, into the jurisdiction of the French Office.
Since there is a narrow road in which a central line is installed, a driver has a duty of care to see the bank along the lane and to drive safely.
Nevertheless, the Defendant neglected this and was negligent in driving beyond the center line in a situation where normal driving is difficult due to drinking, as described in the foregoing 1 above, and received the parts adjacent to the driver’s seat of the Esp motor vehicle driven by the victim D (W, 58 years old) who was under normal driving in the opposite part, as the front part of the said cargo vehicle.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks of treatment due to occupational negligence as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Response to a request for appraisal;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between the crimes of violating the Road Traffic Act);
1. Selection of each sentence of imprisonment;